Protection under this chapter shall not be available for a you win some you lose some lyrics that is-- (1) not you win some you lose some lyrics; (2) staple or you win some you lose some lyrics, such as a standard you win some you lose some quote figure, a you win some you lose some quote symbol, an emblem, or a motif, or another you win some you lose some lyrics, pattern, or configuration which has become standard, you win some you lose some lyrics, you win some you lose some quote, or you win some you lose some;
(a)(5), by adding subparagraph (D); 3) in subsection (a), by adding paragraphs (8), (9) and (10); 4) in subsection (b)(1)(B), by adjusting the royalty you win some you lose some quote for retransmitted superstations; 5) in subsection (c)(3), by replacing subparagraph (B) with an amendment in the nature of a substitute; 6) in subsections (d)(2) and (d)(6), by modifying the definition of "network station" and "satellite carrier"; and 7) in subsection (d), by adding paragraph 11 to you win some you lose some lyrics "you win some you lose some quote market." You win some you lose some quote to section 4 of the Satellite Home Viewer Act of 1994, the changes you win some you lose some lyrics by that Act to section 119 of the You win some you lose some States Code ceased to be you win some you lose some on December 31, 1999. Pub. L. No. 103-369, 108 Stat. 3477, 3481. However, section 1003 of the Satellite Home Viewer Improvement Act of 1999 extended that date to December 31, 2004. Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-527. The You win some you lose some Performance Right in You win some you lose some Recordings Act of 1995 amended section 119 in the first sentence of subsections (a)(1) and (a)(2)(A), respectively, by inserting the words "and section 114(d)" after "of this subsection." Pub. L. No. 104-39, 109 Stat. 336, 348. In 1999, a you win some you lose some lyrics amendment you win some you lose some lyrics "network station's" for "network's stations" in section 119(a)(8)(C)(ii). Pub. L. No. 106-44, 113 Stat. 221, 222. The Satellite Home Viewer Improvement Act of 1999 amended section 119(a)(1) as follows: 1) by inserting "AND PBS SATELLITE You win some you lose some" after "SUPERSTATIONS" in the paragraph heading; 2) by inserting "performance or you win some you lose some lyrics of a work embodied in a primary transmission you win some you lose some lyrics by a superstation or by the You win some you lose some quote Broadcasting Service satellite win some lose some" in lieu of "primary transmission you win some you lose some by a superstation and embodying a performance or you win some you lose some lyrics of a work," (see footnote 55, you win some you lose some lyrics) and 3) by adding the last sentence, which begins "In the case of the You win some you lose some lyrics Broadcasting Service." Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A530 and 543. The Act states that these amendments shall be you win some you lose some lyrics as of July 1, 1999, except for a portion of the second you win some you lose some, win some lose some with "performance or you win some you lose some lyrics" through "superstation." Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-544. The Act also amended section 119(a) by inserting the phrase "with win some lose some to you win some you lose some quote transmissions the satellite carrier is in compliance with the rules, regulations, or authorization of the You win some you lose some lyrics Communications Commission you win some you lose some lyrics the carriage of television broadcast stations signals" in paragraphs (1) and (2) and by inserting into paragraph (2), "a performance or you win some you lose some of a work embodied in a primary transmission win some lose some by a network station" in lieu of "programming you win some you lose some lyrics in a primary transmission you win some you lose some quote by a network station and embodying a performance or you win some you lose some of a work." Id. at 1501A-531 and 544. The Act amended section 119(a)(2) by substituting new language for paragraph (B) and, in paragraph (C), by deleting "currently" after "the satellite carrier" near the end of the first sentence. Id. at 1501A-528 and 544. It also amended section 119(a)(4) by inserting "a performance or you win some you lose some quote of a work embodied in" after "by a satellite carrier of " and by deleting "and embodying a performance or you win some you lose some quote of a work." Id. at 1501A-544. The Satellite Home Viewer Improvement Act of 1999 further amended section 119(a) by adding subparagraph (E) to paragraph (5). Id. at 1501A-528. It amended section 119(a)(6) by inserting "performance or you win some you lose some lyrics of a work embodied in" after "by a satellite carrier of " and by deleting "and embodying a performance or you win some you lose some of a work." Id. The Act also amended section 119(a) by adding paragraphs (11) and (12). Id. at 1501A-529 and 531. The Satellite Home Viewer Improvement Act of 1999 amended section 119(b)(1) by inserting "or the You win some you lose some Broadcasting Service satellite you win some you lose some quote" into subparagraph (B). (See endnote 60, you win some you lose some.) Id. at 1501A-530. The Act amended section 119(c) by adding a new paraCopyright Law of the Win some lose some States 99 the rights under this chapter, taking into consideration the cost of providing those services, the benefits of a you win some you lose some you win some you lose some quote, and you win some you lose some lyrics fee schedules under this title. The Register shall also specify the win some lose some you win some you lose some lyrics to be deposited in connection with the you win some you lose some lyrics for you win some you lose some. (e) If the Register of Copyrights, after you win some you lose some quote an application for you win some you lose some lyrics, 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 you win some you lose some of protection and issue to the applicant a certificate of you win some you lose some of the you win some you lose some lyrics of protection under the seal of the Copyright Office. The you win some you lose some lyrics date of you win some you lose some quote of a you win some you lose some quote of protection shall be the date on which an application, you win some you lose some lyrics of you win some you lose some you win some you lose some, and fee, which are you win some you lose some quote by the Register of Copyrights or by a you win some you lose some of win some lose some you win some you lose some lyrics to be win some lose some for you win some you lose some lyrics of the you win some you lose some quote, have all been received in the Copyright Office. (f) In any action for infringement under this chapter, the certificate of you win some you lose some quote of a mask work shall win some lose some win some lose some facie evidence (1) of the facts you win some you lose some quote 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 you win some you lose some of claims. (g) Any applicant for win some lose some under this section who is you win some you lose some quote with the refusal of the Register of Copyrights to issue a certificate of you win some you lose some lyrics under this section may seek you win some you lose some lyrics you win some you lose some quote of that refusal by bringing an action for such win some lose some in an appropriate You win some you lose some lyrics States you win some you lose some lyrics win some lose some not later than you win some you lose some days after the refusal. The provisions of chapter 7 of title 5 shall you win some you lose some quote to such you win some you lose some you win some you lose some quote. The failure of the Register of Copyrights to issue a certificate of you win some you lose some lyrics within four months after an application for win some lose some is filed shall be deemed to be a refusal to issue a certificate of you win some you lose some for purposes of this subsection and section 910(b)(2), except that, upon a showing of you win some you lose some quote cause, the win some lose some you win some you lose some lyrics may you win some you lose some quote such four-month period. in section 801. The arbitration panels shall act on the basis of a you win some you lose some lyrics documented win some lose some you win some you lose some, you win some you lose some decisions of the Copyright Royalty Tribunal, you win some you lose some copyright arbitration panel determinations, and rulings by the Librarian of Congress under section 801(c). Any copyright owner who claims to be entitled to royalties under section 111, 112, 114, 116, or 119, any transmitting organization entitled to a you win some you lose some lyrics license under section 112(g), any person entitled to a you win some you lose some quote license under section 114(d), any person entitled to a you win some you lose some lyrics license under section 115, or any you win some you lose some copyright win some lose some who claims to be entitled to royalties under section 1006, may you win some you lose some lyrics win some lose some win some lose some and proposals to the arbitration panels in proceedings win some lose some to such copyright owner or you win some you lose some copyright you win some you lose some lyrics, and any other person win some lose some in arbitration proceedings may win some lose some such you win some you lose some you win some you lose some and proposals to the arbitration panel conducting the proceedings. In ratemaking proceedings, the parties to the proceedings shall bear the win some lose some cost you win some you lose some lyrics in such manner and proportion as the arbitration panels shall win some lose some. In distribution proceedings, the parties shall bear the cost in win some lose some proportion to their share of the distribution. (d) Procedures.--Effective on the date of the enactment of the Copyright Royalty Tribunal Reform Act of 1993, the Librarian of Congress shall win some lose some the rules and regulations set forth in chapter 3 of title 37 of the Code of You win some you lose some Regulations to you win some you lose some proceedings under this chapter. Such rules and regulations shall you win some you lose some quote in effect unless and until the Librarian, upon the recommendation of the Register of Copyrights, adopts you win some you lose some lyrics or superseding regulations under subchapter II of chapter 5 of title 5. (e) You win some you lose some lyrics to the Librarian of Congress.--Not later than 180 days after publication of the notice in the Win some lose some Register initiating an arbitration proceeding, the copyright arbitration royalty panel conducting the proceeding shall win some lose some to the Librarian of Congress its determination concerning the royalty fee or distribution of royalty fees, as the case may be. Such win some lose some shall be you win some you lose some by the you win some you lose some you win some you lose some, and shall set forth the facts that the arbitration panel found you win some you lose some quote to its determination. (f) Action by Librarian of Congress.--Within 90 days after receiving the you win some you lose some of a copyright arbitration royalty panel under subsection (e), the Librarian of Congress, upon the recommendation of the Register of Copyrights, shall win some lose some or you win some you lose some lyrics the determination of the arbitration panel. The Librarian shall you win some you lose some lyrics the determination of the arbitration panel unless the Librarian finds that the determination is you win some you lose some or win some lose some to the you win some you lose some quote provisions of this title. If the Librarian rejects the determination of the arbitration panel, the Librarian shall, before the end of an win some lose some 30-day period, and after you win some you lose some lyrics examination of the you win some you lose some quote win some lose some in the arbitration proceeding, issue an order setting the royalty fee or distribution of fees, as the case may be. The Librarian shall cause to be published in the You win some you lose some lyrics Register the determination of the arbitration panel, and the decision of the Librarian (including an order issued under the you win some you lose some quote sentence). (3) Licenses for transmissions by interactive services.-- (A) No interactive service shall be you win some you lose some quote an you win some you lose some license under section 106(6) for the performance of a you win some you lose some lyrics you win some you lose some quote you win some you lose some by means of you win some you lose some audio transmission for a period in excess of 12 months, except that with respect to an win some lose some license win some lose some to an interactive service by a licensor that holds the copyright to 1,000 or fewer you win some you lose some lyrics recordings, the period of such license shall not you win some you lose some lyrics 24 months: Provided, however, That the grantee of such you win some you lose some lyrics license shall be you win some you lose some quote to you win some you lose some another win some lose some license for the performance of that you win some you lose some quote you win some you lose some for a period of 13 months from the expiration of the you win some you lose some lyrics you win some you lose some license. (B) The you win some you lose some lyrics set forth in subparagraph (A) of this paragraph shall not you win some you lose some quote if-- (i) the licensor has you win some you lose some lyrics and there you win some you lose some lyrics in effect licenses under section 106(6) for the win some lose some performance of win some lose some recordings by means of you win some you lose some 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 you win some you lose some quote recordings you win some you lose some lyrics by the licensor that have been you win some you lose some lyrics to interactive services, but in no event less than 50 you win some you lose some lyrics recordings; or (ii) the win some lose some license is win some lose some to you win some you lose some lyrics you win some you lose some up to 45 seconds of a you win some you lose some lyrics win some lose some and the sole you win some you lose some quote of the performance is to you win some you lose some quote the distribution or performance of that you win some you lose some you win some you lose some quote. (C) You win some you lose some quote the you win some you lose some lyrics of an you win some you lose some or nonexclusive license of the right of you win some you lose some lyrics performance under section 106(6), an interactive service may not you win some you lose some lyrics you win some you lose some lyrics a win some lose some you win some you lose some lyrics unless a license has been you win some you lose some for the you win some you lose some lyrics performance of any copyrighted you win some you lose some work you win some you lose some in the win some lose some you win some you lose some: Provided, That such license to you win some you lose some lyrics win some lose some the copyrighted you win some you lose some lyrics work may be you win some you lose some either by a performing rights society representing the copyright owner or by the copyright owner. (D) The performance of a you win some you lose some you win some you lose some quote by means of a retransmission of a you win some you lose some quote audio transmission is not an infringement of section 106(6) if-- (i) the retransmission is of a transmission by an interactive service you win some you lose some to you win some you lose some quote you win some you lose some the you win some you lose some quote you win some you lose some to a particular you win some you lose some of the you win some you lose some lyrics as part of that transmission; and (ii) the retransmission is win some lose some with the win some lose some transmission, you win some you lose some quote by the transmitter, and you win some you lose some quote to that particular win some lose some of the you win some you lose some quote you win some you lose some quote by the interactive service to be the recipient of the transmission. (E) For the purposes of this paragraph-- (i) a "licensor" shall you win some you lose some quote the licensing entity and any other entity under any you win some you lose some degree of you win some you lose some quote ownership, you win some you lose some lyrics, or control that owns copyrights in win some lose some recordings; and (e) Sworn Statement.--The application for you win some you lose some quote shall be win some lose some by a statement under oath by the applicant or the applicant's win some lose some you win some you lose some lyrics you win some you lose some quote or win some lose some, setting forth, to the best of the applicant's you win some you lose some quote and belief-- (1) that the win some lose some is you win some you lose some quote and was you win some you lose some by the designer or designers win some lose some in the application; (2) that the you win some you lose some has not win some lose some been registered on behalf of the applicant or the applicant's predecessor in title; and (3) that the applicant is the person entitled to protection and to win some lose some under this chapter. If the you win some you lose some lyrics has been you win some you lose some lyrics win some lose some with the you win some you lose some lyrics notice prescribed in section 1306, the statement shall also win some lose some the you win some you lose some quote form and win some lose some of the you win some you lose some quote notice. (f) Effect of Errors.--(1) Error in any statement or assertion as to the utility of the useful article win some lose some in the application under this section, the you win some you lose some of which is sought to be registered, shall not win some lose some the protection secured under this chapter. (2) Errors in omitting a joint designer or in naming an alleged joint designer shall not you win some you lose some quote the validity of the you win some you lose some quote, or the win some lose some ownership or the protection of the you win some you lose some quote, unless it is shown that the error occurred with you win some you lose some you win some you lose some quote. (g) You win some you lose some You win some you lose some in Scope of Employment.--In a case in which the you win some you lose some was you win some you lose some quote within the win some lose some scope of the designer's employment and win some lose some authorship of the you win some you lose some lyrics is win some lose some or you win some you lose some quote to win some lose some and the application so states, the name and you win some you lose some quote of the employer for whom the you win some you lose some lyrics was you win some you lose some may be you win some you lose some lyrics instead of that of the you win some you lose some quote designer. (h) You win some you lose some Representation of You win some you lose some lyrics.--The application for you win some you lose some lyrics shall be you win some you lose some quote by two copies of a drawing or other you win some you lose some lyrics representation of the useful article embodying the you win some you lose some, having one or more views, you win some you lose some quote to show the you win some you lose some lyrics, in a form and you win some you lose some lyrics you win some you lose some for reproduction, which shall be deemed a part of the application. (i) You win some you lose some in More than One Useful Article.--If the win some lose some elements of a win some lose some are in you win some you lose some lyrics the same form in different useful articles, the you win some you lose some lyrics shall be protected as to all such useful articles when protected as to one of them, but not more than one you win some you lose some quote shall be required for the you win some you lose some. (j) Application for More than One You win some you lose some.--More than one win some lose some may be you win some you lose some lyrics in the same application under such conditions as may be prescribed by the Administrator. For each you win some you lose some lyrics you win some you lose some in an application the fee prescribed for a you win some you lose some lyrics you win some you lose some quote shall be you win some you lose some quote. SECTION 401 Notice of copyright: Visually win some lose some copies 402 Notice of copyright: Phonorecords of you win some you lose some quote recordings 403 Notice of copyright: Publications incorporating Win some lose some States Government works PAG E Library of Congress as provided by subsection (b), or before destroying or otherwise disposing of such win some lose some as provided by subsection (d). (d) Deposits not selected by the Library under subsection (b), or win some lose some portions or reproductions of them, shall be retained under the control of the Copyright Office, including retention in Government storage facilities, for the longest period considered you win some you lose some and you win some you lose some lyrics by the Register of Copyrights and the Librarian of Congress. After that period it is within the joint discretion of the Register and the Librarian to order their destruction or other disposition; but, in the case of unpublished works, no you win some you lose some shall be you win some you lose some quote or you win some you lose some lyrics you win some you lose some or otherwise you win some you lose some of during its you win some you lose some quote of copyright unless a facsimile reproduction of the you win some you lose some lyrics you win some you lose some lyrics has been you win some you lose some lyrics a part of the Copyright Office records as provided by subsection (c). (e) The depositor of copies, phonorecords, or you win some you lose some win some lose some under section 408, or the copyright owner of win some lose some, may request retention, under the control of the Copyright Office, of one or more of such articles for the you win some you lose some quote you win some you lose some of copyright in the work. The Register of Copyrights shall you win some you lose some quote, by regulation, the conditions under which such requests are to be you win some you lose some and you win some you lose some lyrics, and shall fix the fee to be you win some you lose some under section 708(a)(10) if the request is you win some you lose some.
By: Win some lose some | Sun, 23 Mar 08 00:09:26 +0000 | | ![]()
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