ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

17 U.S.C. § 501 — Infringement of copyright

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 639 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who violates a copyright owner's exclusive rights is an infringer, and states can be sued too. The copyright owner can sue, and courts may require notice to others with a claimed interest. Special rules extend the right to sue to cable and satellite broadcasters affected by unauthorized retransmissions.

(a) Anyone who violates any of the exclusive rights listed in sections 106 through 122, or an author's rights under section 106A(a), is a copyright infringer. So is anyone who imports copies or sound recordings into the U.S. in violation of section 602. Except for section 506, any reference to "copyright" in this chapter includes the rights given by section 106A(a). "Anyone" includes any state, any state agency, and any state officer or employee acting in an official capacity. States and their agencies, officers, and employees are subject to this title the same way any private party would be.

(b) The legal or beneficial owner of an exclusive copyright right can sue for infringement of that specific right, as long as they meet the requirements of section 411. The court can require the owner to give written notice of the lawsuit — with a copy of the complaint — to anyone shown by Copyright Office records (or otherwise) to have or claim an interest in the copyright, and must require notice to anyone whose interest the case's outcome is likely to affect. The court can also let anyone with a claimed interest join the case, and must allow it if they ask.

(c) If a cable system's secondary transmission of a performance or display is treated as infringement under subsection (c) of section 111, a TV broadcast station that holds a copyright or license to transmit the same work can also sue as if it were an owner — but only if the secondary transmission happens within that station's local service area.

(d) If a cable system's secondary transmission is treated as infringement under section 111(c)(3), two other parties can also sue: (i) the original broadcaster whose transmission the cable system altered, and (ii) any broadcast station within whose local service area the secondary transmission happens.

(e) If a satellite carrier's secondary transmission of a performance or display is treated as infringement under section 119(a)(3), a network TV station holding a copyright or license to the same work can sue as if it were an owner — but only within that station's local service area.

(f)(1) If a satellite carrier's secondary transmission is treated as infringement under section 122, a TV broadcast station holding a copyright or license to the same work can sue as if it were an owner — but only within that station's local market.

(f)(2) A TV broadcast station may also sue any satellite carrier that refused to carry its signals as required by section 122(a)(2), to enforce its rights under section 338(a) of the Communications Act of 1934.

the actual law source: uscode.house.gov ↗public domain
(a)

Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term “anyone” 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 title in the same manner and to the same extent as any nongovernmental entity.

(b)

The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.

(c)

For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station.

(d)

For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111(c)(3), the following shall also have standing to sue: (i) the primary transmitter whose transmission has been altered by the cable system; and (ii) any broadcast station within whose local service area the secondary transmission occurs.

(e)

With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119(a)(3), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.

(f)
(1)

With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station.

(2)

A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that television broadcast station’s rights under section 338(a) of the Communications Act of 1934.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2584; Pub. L. 100–568, § 10(a), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 100–667, title II, § 202(3), Nov. 16, 1988, 102 Stat. 3957; Pub. L. 101–553, § 2(a)(1), Nov. 15, 1990, 104 Stat. 2749; Pub. L. 101–650, title VI, § 606(a), Dec. 1, 1990, 104 Stat. 5131; Pub. L. 106–44, § 1(g)(5), Aug. 5, 1999, 113 Stat. 222; Pub. L. 106–113, div. B, § 1000(a)(9) [title I, §§ 1002(b), 1011(b)(3)], Nov. 29, 1999, 113 Stat. 1536, 1501A–527, 1501A–544; Pub. L. 107–273, div. C, title III, § 13210(4)(B), Nov. 2, 2002, 116 Stat. 1909; Pub. L. 116–94, div. P, title XI, § 1102(c)(2), Dec. 20, 2019, 133 Stat. 3203.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2584
  • 1988Amended · Pub. L. 100-568 · 102 Stat. 2860
  • 1988Amended · Pub. L. 100-667 · 102 Stat. 3957
  • 1990Amended · Pub. L. 101-553 · 104 Stat. 2749
  • 1990Amended · Pub. L. 101-650 · 104 Stat. 5131
  • 1999Amended · Pub. L. 106-44 · 113 Stat. 222
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1909
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 3203

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-553 on 1976-10-19.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case