r/title-17-COPYRIGHTS wiki — defined terms

“compilation” applies throughout this title

The term “compilation” includes collective works. A “computer program” is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. “Copies” are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

“copies” applies throughout this title

The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed. “Copyright owner”, with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right. A “Copyright Royalty Judge” is a Copyright Royalty Judge appointed under section 802 of this title , and includes any individual serving as an interim Copyright Royalty Judge under such section.

“financial gain” applies throughout this title

The term “financial gain” includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works. A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission.

“motion picture exhibition facility” applies throughout this title

The term “motion picture exhibition facility” means a movie theater, screening room, or other venue that is being used primarily for the exhibition of a copyrighted motion picture, if such exhibition is open to the public or is made to an assembled group of viewers outside of a normal circle of a family and its social acquaintances. “Motion pictures” are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.

“phonorecords” applies throughout this title

The term “phonorecords” includes the material object in which the sounds are first fixed. “Pictorial, graphic, and sculptural works” include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans.

“WTO Agreement” applies in that section

The terms “WTO Agreement” and “WTO member country” have the meanings given those terms in paragraphs (9) and (10), respectively, of section 2 of the Uruguay Round Agreements Act.

“WTO member country” applies in that section

The terms “WTO Agreement” and “WTO member country” have the meanings given those terms in paragraphs (9) and (10), respectively, of section 2 of the Uruguay Round Agreements Act.

“date of adherence or proclamation” applies in that section

The term “date of adherence or proclamation” means the earlier of the date on which a foreign nation which, as of the date the WTO Agreement enters into force with respect to the United States, is not a nation adhering to the Berne Convention or a WTO member country, becomes— (A) a nation adhering to the Berne Convention; (B) a WTO member country; (C) a nation adhering to the WIPO Copyright Treaty; (D) a nation adhering to the WIPO Performances and Phonograms Treaty; or (E) subject to a Presidential proclamation under subsection (g).

“eligible country” applies in that section

The term “eligible country” means a nation, other than the United States, that— (A) becomes a WTO member country after the date of the enactment of the Uruguay Round Agreements Act; (B) on such date of enactment is, or after such date of enactment becomes, a nation adhering to the Berne Convention; (C) adheres to the WIPO Copyright Treaty; (D) adheres to the WIPO Performances and Phonograms Treaty; or (E) after such date of enactment becomes subject to a proclamation under subsection (g).;

“reliance party” applies in that section

The term “reliance party” means any person who— (A) with respect to a particular work, engages in acts, before the source country of that work becomes an eligible country, which would have violated section 106 if the restored work had been subject to copyright protection, and who, after the source country becomes an eligible country, continues to engage in such acts; (B) before the source country of a particular work becomes an eligible country, makes or acquires 1 or more copies or phonorecords of that work; or (C) as the result of the sale or other disposition of a derivative work covered under subsection (d)(3), or significant assets of a person described in subparagraph (A) or (B), is a …

“restored copyright” applies in that section

The term “restored copyright” means copyright in a restored work under this section.;

“restored work” applies in that section

The term “restored work” means an original work of authorship that— (A) is protected under subsection (a); (B) is not in the public domain in its source country through expiration of term of protection; (C) is in the public domain in the United States due to— (i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements; (ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972 ; or (iii) lack of national eligibility; (D) has at least one author or rightholder who was, at the time the work was created, a national …

“rightholder” applies in that section

The term “rightholder” means the person— (A) who, with respect to a sound recording, first fixes a sound recording with authorization, or (B) who has acquired rights from the person described in subparagraph (A) by means of any conveyance or by operation of law.

“covered author” applies in that section

The term “covered author” means a civilian member of the faculty of a covered institution. (2) Covered institution .—

“covered institution” applies in that section

The term “covered institution” means the following: (A) National Defense University. (B) United States Military Academy. (C) Army War College. (D) United States Army Command and General Staff College. (E) United States Naval Academy. (F) Naval War College. (G) Naval Postgraduate School. (H) Marine Corps University. (I) United States Air Force Academy. (J) Air University. (K) Defense Language Institute. (L) Uniformed Services University of the Health Sciences. (M) United States Coast Guard Academy. (N) National Intelligence University. (O) United States Merchant Marine Academy. (3) Covered work .—

“covered work” applies in that section

The term “covered work” means a literary work produced by a covered author in the course of employment at a covered institution for publication by a scholarly press or journal.

“subscribe” applies in that section

The term “subscribe” means to elect to become a subscriber.

“subscriber” applies in that section

The term “subscriber” means a person or entity that receives a secondary transmission service from a cable system and pays a fee for the service, directly or indirectly, to the cable system. (B) Subscribe .—

“videotape” applies in that section

the term “videotape” means the reproduction of the images and sounds of a program or programs broadcast by a television broadcast station licensed by the Federal Communications Commission, regardless of the nature of the material objects, such as tapes or films, in which the reproduction is embodied. (f) Definitions .— As used in this section, the following terms mean the following: (1) Primary transmission .— A “primary transmission” is a transmission made to the public by a transmitting facility whose signals are being received and further transmitted by a secondary transmission service, regardless of where or when the performance or display was first transmitted.

“artist payee” applies in that section

the term “artist payee” means a person, other than a person described in subparagraph (B), who owns the right to receive all or part of the receipts payable under paragraph (2)(D) with respect to a sound recording. In a case in which there are multiple artist payees with respect to a sound recording, an objection by 1 such payee shall apply only to that payee’s share of the receipts payable under paragraph (2)(D), and shall not preclude payment under subparagraph (A) from the share of an artist payee that does not so object.

“noncommercial webcaster” applies in that section

the term “noncommercial webcaster” means a webcaster that— (I) is exempt from taxation under section 501 of the Internal Revenue Code of 1986 ( 26 U.S.C. 501 ); (II) has applied in good faith to the Internal Revenue Service for exemption from taxation under section 501 of the Internal Revenue Code and has a commercially reasonable expectation that such exemption shall be granted; or (III) is operated by a State or possession or any governmental entity or subordinate thereof, or by the United States or District of Columbia, for exclusively public purposes; (ii) the term “receiving agent” shall have the meaning given that term in section 261.2 of title 37, Code of Federal Regulations, as …

“webcaster” applies in that section

the term “webcaster” means a person or entity that has obtained a compulsory license under section 112 or 114 and the implementing regulations therefor. (F) The authority to make settlements pursuant to subparagraph (A) shall expire at 11:59 p.m. Eastern time on the 30th day after the date of the enactment of the Webcaster Settlement Act of 2009.

“accrued interest” applies in that section

The term “accrued interest” means interest accrued on accrued royalties, as described in subsection (d)(3)(H)(ii). (2) Accrued royalties .—

“accrued royalties” applies in that section

The term “accrued royalties” means royalties accrued for the reproduction or distribution of a musical work (or share thereof) in a covered activity, calculated in accordance with the applicable royalty rate under this section. (3) Administrative assessment .—

“administrative assessment” applies in that section

The term “administrative assessment” means the fee established pursuant to subsection (d)(7)(D). (4) Audit .—

“audit” applies in that section

The term “audit” means a royalty compliance examination to verify the accuracy of royalty payments, or the conduct of such an examination, as applicable. (5) Blanket license .—

“blanket license” applies in that section

The term “blanket license” means a compulsory license described in subsection (d)(1)(A) to engage in covered activities. (6) Collective total costs .—

“collective total costs” applies in that section

The term “collective total costs”— (A) means the total costs of establishing, maintaining, and operating the mechanical licensing collective to fulfill its statutory functions, including— (i) startup costs; (ii) financing, legal, audit, and insurance costs; (iii) investments in information technology, infrastructure, and other long-term resources; (iv) outside vendor costs; (v) costs of licensing, royalty administration, and enforcement of rights; (vi) costs of bad debt; and (vii) costs of automated and manual efforts to identify and locate copyright owners of musical works (and shares of such musical works) and match sound recordings to the musical works the sound recordings embody; and …

“covered activity” applies in that section

The term “covered activity” means the activity of making a digital phonorecord delivery of a musical work, including in the form of a permanent download, limited download, or interactive stream, where such activity qualifies for a compulsory license under this section. (8) Digital music provider .—

“digital licensee coordinator” applies in that section

The term “digital licensee coordinator” means the entity most recently designated pursuant to subsection (d)(5). (10) Digital phonorecord delivery .—

“digital music provider” applies in that section

The term “digital music provider” means a person (or persons operating under the authority of that person) that, with respect to a service engaged in covered activities— (A) has a direct contractual, subscription, or other economic relationship with end users of the service, or, if no such relationship with end users exists, exercises direct control over the provision of the service to end users; (B) is able to fully report on any revenues and consideration generated by the service; and (C) is able to fully report on usage of sound recordings of musical works by the service (or procure such reporting). (9) Digital licensee coordinator .—

“digital phonorecord delivery” applies in that section

The term “digital phonorecord delivery” means each individual delivery of a phonorecord by digital transmission of a sound recording that results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording, regardless of whether the digital transmission is also a public performance of the sound recording or any musical work embodied therein, and includes a permanent download, a limited download, or an interactive stream.

“enactment date” applies in that section

The term “enactment date” means the date of the enactment of the Musical Works Modernization Act. (12) Individual download license .—

“good-faith administration” applies in that section

the term “good-faith administration” means administration in a manner that is not grossly negligent. (E) Preemption of state property laws .— The holding and distribution of funds by the mechanical licensing collective in accordance with this subsection shall supersede and preempt any State law (including common law) concerning escheatment or abandoned property, or any analogous provision, that might otherwise apply.

“individual download license” applies in that section

The term “individual download license” means a compulsory license obtained by a record company to make and distribute, or authorize the making and distribution of, permanent downloads embodying a specific individual musical work. (13) Interactive stream .—

“interactive stream” applies in that section

The term “interactive stream” means a digital transmission of a sound recording of a musical work in the form of a stream, where the performance of the sound recording by means of such transmission is not exempt under section 114(d)(1) and does not in itself, or as a result of a program in which it is included, qualify for statutory licensing under section 114(d)(2). An interactive stream is a digital phonorecord delivery. (14) Interested .— The term “interested”, as applied to a party seeking to participate in a proceeding under subsection (d)(7)(D), is a party as to which the Copyright Royalty Judges have not determined that the party lacks a significant interest in such proceeding.

“license availability date” applies in that section

The term “license availability date” means January 1 following the expiration of the 2-year period beginning on the enactment date. (16) Limited download .—

“limited download” applies in that section

The term “limited download” means a digital transmission of a sound recording of a musical work in the form of a download, where such sound recording is accessible for listening only for a limited amount of time or specified number of times. (17) Matched .— The term “matched”, as applied to a musical work (or share thereof), means that the copyright owner of such work (or share thereof) has been identified and located. (18) Mechanical licensing collective .—

“mechanical licensing collective” applies in that section

The term “mechanical licensing collective” means the entity most recently designated as such by the Register of Copyrights under subsection (d)(3). (19) Mechanical licensing collective budget .—

“mechanical licensing collective budget” applies in that section

The term “mechanical licensing collective budget” means a statement of the financial position of the mechanical licensing collective for a fiscal year or quarter thereof based on estimates of expenditures during the period and proposals for financing those expenditures, including a calculation of the collective total costs. (20) Musical works database .—

“musical works database” applies in that section

The term “musical works database” means the database described in subsection (d)(3)(E). (21) Nonprofit .—

“nonprofit” applies in that section

The term “nonprofit” means a nonprofit created or organized in a State. (22) Notice of license .—

“notice of license” applies in that section

The term “notice of license” means a notice from a digital music provider provided under subsection (d)(2)(A) for purposes of obtaining a blanket license. (23) Notice of nonblanket activity .—

“notice of nonblanket activity” applies in that section

The term “notice of nonblanket activity” means a notice from a significant nonblanket licensee provided under subsection (d)(6)(A) for purposes of notifying the mechanical licensing collective that the licensee has been engaging in covered activities. (24) Permanent download .—

“permanent download” applies in that section

The term “permanent download” means a digital transmission of a sound recording of a musical work in the form of a download, where such sound recording is accessible for listening without restriction as to the amount of time or number of times it may be accessed. (25) Qualified auditor .—

“qualified auditor” applies in that section

The term “qualified auditor” means an independent, certified public accountant with experience performing music royalty audits. (26) Record company .—

“record company” applies in that section

The term “record company” means an entity that invests in, produces, and markets sound recordings of musical works, and distributes such sound recordings for remuneration through multiple sales channels, including a corporate affiliate of such an entity engaged in distribution of sound recordings. (27) Report of usage .—

“report of usage” applies in that section

The term “report of usage” means a report reflecting an entity’s usage of musical works in covered activities described in subsection (d)(4)(A). (28) Required matching efforts .—

“required matching efforts” applies in that section

The term “required matching efforts” means efforts to identify and locate copyright owners of musical works as described in subsection (d)(10)(B)(i). (29) Service .— The term “service”, as used in relation to covered activities, means any site, facility, or offering by or through which sound recordings of musical works are digitally transmitted to members of the public. (30) Share .— The term “share”, as applied to a musical work, means a fractional ownership interest in such work. (31) Significant nonblanket licensee .—

“significant nonblanket licensee” applies in that section

The term “significant nonblanket licensee”— (A) means an entity, including a group of entities under common ownership or control that, acting under the authority of one or more voluntary licenses or individual download licenses, offers a service engaged in covered activities, and such entity or group of entities— (i) is not currently operating under a blanket license and is not obligated to provide reports of usage reflecting covered activities under subsection (d)(4)(A); (ii) has a direct contractual, subscription, or other economic relationship with end users of the service or, if no such relationship with end users exists, exercises direct control over the provision of the service to end …

“songwriter” applies in that section

The term “songwriter” means the author of all or part of a musical work, including a composer or lyricist. (33) State .—

“State” applies in that section

The term “State” means each State of the United States, the District of Columbia, and each territory or possession of the United States. (34) Unclaimed accrued royalties .—

“unclaimed accrued royalties” applies in that section

The term “unclaimed accrued royalties” means accrued royalties eligible for distribution under subsection (d)(3)(J). (35) Unmatched .— The term “unmatched”, as applied to a musical work (or share thereof), means that the copyright owner of such work (or share thereof) has not been identified or located. (36) Voluntary license .—

“voluntary license” applies in that section

The term “voluntary license” means a license for use of a musical work (or share thereof) other than a compulsory license obtained under this section.

“public broadcasting entity” applies in that section

the term “public broadcasting entity” means a noncommercial educational broadcast station as defined in section 397 of title 47 and any nonprofit institution or organization engaged in the activities described in paragraph (2) of subsection (c).

“antitrust laws” applies in that section

the term “antitrust laws”— (A) has the meaning given that term in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in paragraph (1).

“commercial establishment” applies in that section

The term “commercial establishment”— (A) means an establishment used for commercial purposes, such as a bar, restaurant, private office, fitness club, oil rig, retail store, bank or other financial institution, supermarket, automobile or boat dealership, or any other establishment with a common business area; and (B) does not include a multi-unit permanent or temporary dwelling where private home viewing occurs, such as a hotel, dormitory, hospital, apartment, condominium, or prison. (13) Multicast stream .—

“distributor” applies in that section

The term “distributor” means an entity that contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities in accordance with the provisions of this section. (2) Network station .—

“good quality satellite signal” applies in that section

The term “good quality satellite signal” has the meaning given such term under section 342(e)(2) of Communications 4 Act of 1934.

“local market” applies in that section

The term “local market” has the meaning given such term under section 122(j). (12) Commercial establishment .—

“local-into-local service to all DMAs” applies in that section

The term “local-into-local service to all DMAs” has the meaning given such term in subsection (f)(7). (16) Short market .—

“multicast stream” applies in that section

The term “multicast stream” means a digital stream containing programming and program-related material affiliated with a television network, other than the primary stream. (14) Primary stream .—

“network station” applies in that section

The term “network station” means— (A) a television station licensed by the Federal Communications Commission, including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more of the television networks in the United States that offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States; or (B) a noncommercial educational broadcast station (as defined in section 397 of the Communications Act of 1934); except that the term does not …

“non-network station” applies in that section

The term “non-network station” means a television station, other than a network station, licensed by the Federal Communications Commission, that is secondarily transmitted by a satellite carrier. (10) Unserved household .— The term “unserved household”, with respect to a particular television network, means a household that— (A) is a subscriber to whom subsection (a)(8) applies; or (B) is a subscriber located in a short market. (11) Local market .—

“primary network station” applies in that section

The term “primary network station” means a network station that broadcasts or rebroadcasts the basic programming service of a particular national network. (4) Primary transmission .—

“primary stream” applies in that section

The term “primary stream” means— (A) the single digital stream of programming as to which a television broadcast station has the right to mandatory carriage with a satellite carrier under the rules of the Federal Communications Commission in effect on July 1, 2009 ; or (B) if there is no stream described in subparagraph (A), then either— (i) the single digital stream of programming associated with the network last transmitted by the station as an analog signal; or (ii) if there is no stream described in clause (i), then the single digital stream of programming affiliated with the network that, as of July 1, 2009 , had been offered by the television broadcast station for the longest period …

“primary transmission” applies in that section

The term “primary transmission” has the meaning given that term in section 111(f) of this title . (5) Private home viewing .—

“private home viewing” applies in that section

The term “private home viewing” means the viewing, for private use in a household by means of satellite reception equipment that is operated by an individual in that household and that serves only such household, of a secondary transmission delivered by a satellite carrier of a primary transmission of a television station licensed by the Federal Communications Commission. (6) Satellite carrier .—

“satellite carrier” applies in that section

The term “satellite carrier” means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service under part 25 of title 47, Code of Federal Regulations, or the Direct Broadcast Satellite Service under part 100 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the …

“secondary transmission” applies in that section

The term “secondary transmission” has the meaning given that term in section 111(f) of this title . (8) Subscriber; subscribe.— (A) Subscriber .—

“short market” applies in that section

The term “short market” means a local market in which programming of one or more of the four most widely viewed television networks nationwide is not offered on either the primary stream or multicast stream transmitted by any network station in that market or is temporarily or permanently unavailable as a result of an act of god 2 or other force majeure event beyond the control of the carrier.

“subscribe” applies in that section

The term “subscribe” means to elect to become a subscriber. (9) Non-network station .—

“subscriber” applies in that section

The term “subscriber” means a person or entity that receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor. (B) Subscribe .—

“unserved household” applies in that section

the term “unserved household” shall include— (I) recreational vehicles as defined in regulations of the Secretary of Housing and Urban Development under section 3282.8 of title 24, Code of Federal Regulations; and (II) commercial trucks that qualify as commercial motor vehicles under regulations of the Secretary of Transportation under section 383.5 of title 49, Code of Federal Regulations.

“accessible format” applies in that section

the terms “accessible format”, “authorized entity”, and “eligible person” have the meanings given those terms in section 121; and;

“authorized entity” applies in that section

the terms “accessible format”, “authorized entity”, and “eligible person” have the meanings given those terms in section 121; and;

“eligible person” applies in that section

the terms “accessible format”, “authorized entity”, and “eligible person” have the meanings given those terms in section 121; and;

“Marrakesh Treaty” applies in that section

the term “Marrakesh Treaty” means the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities concluded at Marrakesh, Morocco, on June 28, 2013 .

“designated market area” applies in that section

the term “designated market area” means a designated market area, as determined by Nielsen Media Research and published in the 1999–2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication. (D) Certain areas outside of any designated market area .— Any census area, borough, or other area in the State of Alaska that is outside of a designated market area, as determined by Nielsen Media Research, shall be deemed to be part of one of the local markets in the State of Alaska.

“distributor” applies in that section

The term “distributor” means an entity that contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.

“low power television station” applies in that section

The term “low power television station” means a low power TV station as defined in section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004 . For purposes of this paragraph,

“network station” applies in that section

The terms “network station”, “non-network station”, “satellite carrier”, and “secondary transmission” have the meanings given such terms under section 119(d). (5) Noncommercial educational broadcast station .—

“non-network station” applies in that section

The terms “network station”, “non-network station”, “satellite carrier”, and “secondary transmission” have the meanings given such terms under section 119(d). (5) Noncommercial educational broadcast station .—

“noncommercial educational broadcast station” applies in that section

The term “noncommercial educational broadcast station” means a television broadcast station that is a noncommercial educational broadcast station as defined in section 397 of the Communications Act of 1934, as in effect on the date of the enactment of the Satellite Television Extension and Localism Act of 2010. (6) Subscriber .—

“satellite carrier” applies in that section

The terms “network station”, “non-network station”, “satellite carrier”, and “secondary transmission” have the meanings given such terms under section 119(d). (5) Noncommercial educational broadcast station .—

“secondary transmission” applies in that section

The terms “network station”, “non-network station”, “satellite carrier”, and “secondary transmission” have the meanings given such terms under section 119(d). (5) Noncommercial educational broadcast station .—

“subscriber” applies in that section

The term “subscriber” means a person or entity that receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor. (7) Television broadcast station .—

“television broadcast station” applies in that section

The term “television broadcast station”— (A) means an over-the-air, commercial or noncommercial television broadcast station licensed by the Federal Communications Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station; and (B) includes a television broadcast station licensed by an appropriate governmental authority of Canada or Mexico if the station broadcasts primarily in the English language and is a network station as defined in section 119(d)(2)(A).

“anyone” applies in that section

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.

“domain name” applies in that section

the term “domain name” has the meaning given that term in section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes” approved July 5, 1946 (commonly referred to as the “Trademark Act of 1946”; 15 U.S.C. 1127 ).

“work being prepared for commercial distribution” applies in that section

the term “work being prepared for commercial distribution” means— (A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution— (i) the copyright owner has a reasonable expectation of commercial distribution; and (ii) the copies or phonorecords of the work have not been commercially distributed; or (B) a motion picture, if, at the time of unauthorized distribution, the motion picture— (i) has been made available for viewing in a motion picture exhibition facility; and (ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing …

“monetary relief” applies in that section

the term “monetary relief” means damages, costs, attorneys’ fees, and any other form of monetary payment. (l) Other Defenses Not Affected .— The failure of a service provider’s conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider’s conduct is not infringing under this title or any other defense.

“service provider” applies in that section

the term “service provider” means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received. (B) As used in this section, other than subsection (a),

“standard technical measures” applies in that section

the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and— (A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (B) are available to any person on reasonable and nondiscriminatory terms; and (C) do not impose substantial costs on service providers or substantial burdens on their systems or networks.

“industry rate” applies in that section

the term “industry rate” means the license fee a performing rights society has agreed to with, or which has been determined by the court for, a significant segment of the music user industry to which the individual proprietor belongs.

“covered competition” applies in that section

the term “covered competition” means— (A) an art competition sponsored by the Congressional Institute that is open only to high school students; or (B) the competition established under section 3 of House Resolution 77, 113th Congress, agreed to February 26, 2013 .

“adjudication” applies in that section

the term “adjudication” has the meaning given that term in section 551 of title 5 , but does not include mediation. (b) Staff .— The Chief Copyright Royalty Judge shall hire full-time staff members to assist the Copyright Royalty Judges in performing their functions. (c) Terms .— The individual first appointed as the Chief Copyright Royalty Judge shall be appointed to a term of 6 years, and of the remaining individuals first appointed as Copyright Royalty Judges, 1 shall be appointed to a term of 4 years, and the other shall be appointed to a term of 2 years. Thereafter, the terms of succeeding Copyright Royalty Judges shall each be 6 years.

“written direct statements” applies throughout its chapter

the term “written direct statements” means witness statements, testimony, and exhibits to be presented in the proceedings, and such other information that is necessary to establish terms and rates, or the distribution of royalty payments, as the case may be, as set forth in regulations issued by the Copyright Royalty Judges. (iii) Hearsay may be admitted in proceedings under this chapter to the extent deemed appropriate by the Copyright Royalty Judges.

“any person” applies in that section

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.

“incidental” applies in that section

the term “incidental” means related to and relatively minor by comparison. (6) “Distribute” means to sell, lease, or assign a product to consumers in the United States, or to sell, lease, or assign a product in the United States for ultimate transfer to consumers in the United States.

“serial copying” applies in that section

The term “serial copying” means the duplication in a digital format of a copyrighted musical work or sound recording from a digital reproduction of a digital musical recording. The term “digital reproduction of a digital musical recording” does not include a digital musical recording as distributed, by authority of the copyright owner, for ultimate sale to consumers.

“traffic” applies in that section

the term “traffic” has the same meaning as in section 2320(e) 1 of title 18. (c) Applicability .— This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act. (d) State Law Not Preempted .— Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State.

“8mm format” applies in that section

The terms “VHS format”, “8mm format”, “Beta format”, “automatic gain control copy control technology”, “colorstripe copy control technology”, “four-line version of the colorstripe copy control technology”, and “NTSC” have the meanings that are commonly understood in the consumer electronics and motion picture industries as of the date of the enactment of this chapter. (5) Violations .— Any violation of paragraph (1) of this subsection shall be treated as a violation of subsection (b)(1) of this section. Any violation of paragraph (2) of this subsection shall be deemed an “act of circumvention” for the purposes of section 1203(c)(3)(A) of this chapter.

“automatic gain control copy control technology” applies in that section

The terms “VHS format”, “8mm format”, “Beta format”, “automatic gain control copy control technology”, “colorstripe copy control technology”, “four-line version of the colorstripe copy control technology”, and “NTSC” have the meanings that are commonly understood in the consumer electronics and motion picture industries as of the date of the enactment of this chapter. (5) Violations .— Any violation of paragraph (1) of this subsection shall be treated as a violation of subsection (b)(1) of this section. Any violation of paragraph (2) of this subsection shall be deemed an “act of circumvention” for the purposes of section 1203(c)(3)(A) of this chapter.

“Beta format” applies in that section

The terms “VHS format”, “8mm format”, “Beta format”, “automatic gain control copy control technology”, “colorstripe copy control technology”, “four-line version of the colorstripe copy control technology”, and “NTSC” have the meanings that are commonly understood in the consumer electronics and motion picture industries as of the date of the enactment of this chapter. (5) Violations .— Any violation of paragraph (1) of this subsection shall be treated as a violation of subsection (b)(1) of this section. Any violation of paragraph (2) of this subsection shall be deemed an “act of circumvention” for the purposes of section 1203(c)(3)(A) of this chapter.

“colorstripe copy control technology” applies in that section

The terms “VHS format”, “8mm format”, “Beta format”, “automatic gain control copy control technology”, “colorstripe copy control technology”, “four-line version of the colorstripe copy control technology”, and “NTSC” have the meanings that are commonly understood in the consumer electronics and motion picture industries as of the date of the enactment of this chapter. (5) Violations .— Any violation of paragraph (1) of this subsection shall be treated as a violation of subsection (b)(1) of this section. Any violation of paragraph (2) of this subsection shall be deemed an “act of circumvention” for the purposes of section 1203(c)(3)(A) of this chapter.

“encryption research” applies in that section

the term “encryption research” means activities necessary to identify and analyze flaws and vulnerabilities of encryption technologies applied to copyrighted works, if these activities are conducted to advance the state of knowledge in the field of encryption technology or to assist in the development of encryption products; and;

“encryption technology” applies in that section

the term “encryption technology” means the scrambling and descrambling of information using mathematical formulas or algorithms. (2) Permissible acts of encryption research .— Notwithstanding the provisions of subsection (a)(1)(A), it is not a violation of that subsection for a person to circumvent a technological measure as applied to a copy, phonorecord, performance, or display of a published work in the course of an act of good faith encryption research if— (A) the person lawfully obtained the encrypted copy, phonorecord, performance, or display of the published work; (B) such act is necessary to conduct such encryption research; (C) the person made a good faith effort to obtain …

“four-line version of the colorstripe copy control technology” applies in that section

The terms “VHS format”, “8mm format”, “Beta format”, “automatic gain control copy control technology”, “colorstripe copy control technology”, “four-line version of the colorstripe copy control technology”, and “NTSC” have the meanings that are commonly understood in the consumer electronics and motion picture industries as of the date of the enactment of this chapter. (5) Violations .— Any violation of paragraph (1) of this subsection shall be treated as a violation of subsection (b)(1) of this section. Any violation of paragraph (2) of this subsection shall be deemed an “act of circumvention” for the purposes of section 1203(c)(3)(A) of this chapter.

“information security” applies in that section

the term “information security” means activities carried out in order to identify and address the vulnerabilities of a government computer, computer system, or computer network. (f) Reverse Engineering .— (1) Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily …

“interoperability” applies in that section

the term “interoperability” means the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged. (g) Encryption Research.— (1) Definitions .— For purposes of this subsection—;

“NTSC” applies in that section

The terms “VHS format”, “8mm format”, “Beta format”, “automatic gain control copy control technology”, “colorstripe copy control technology”, “four-line version of the colorstripe copy control technology”, and “NTSC” have the meanings that are commonly understood in the consumer electronics and motion picture industries as of the date of the enactment of this chapter. (5) Violations .— Any violation of paragraph (1) of this subsection shall be treated as a violation of subsection (b)(1) of this section. Any violation of paragraph (2) of this subsection shall be deemed an “act of circumvention” for the purposes of section 1203(c)(3)(A) of this chapter.

“professional analog video cassette recorder” applies in that section

The term “professional analog video cassette recorder” means an analog video cassette recorder that is designed, manufactured, marketed, and intended for use by a person who regularly employs such a device for a lawful business or industrial use, including making, performing, displaying, distributing, or transmitting copies of motion pictures on a commercial scale.;

“security testing” applies in that section

the term “security testing” means accessing a computer, computer system, or computer network, solely for the purpose of good faith testing, investigating, or correcting, a security flaw or vulnerability, with the authorization of the owner or operator of such computer, computer system, or computer network.

“VHS format” applies in that section

The terms “VHS format”, “8mm format”, “Beta format”, “automatic gain control copy control technology”, “colorstripe copy control technology”, “four-line version of the colorstripe copy control technology”, and “NTSC” have the meanings that are commonly understood in the consumer electronics and motion picture industries as of the date of the enactment of this chapter. (5) Violations .— Any violation of paragraph (1) of this subsection shall be treated as a violation of subsection (b)(1) of this section. Any violation of paragraph (2) of this subsection shall be deemed an “act of circumvention” for the purposes of section 1203(c)(3)(A) of this chapter.

“broadcast station” applies in that section

the term “broadcast station” has the meaning given that term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and;

“cable system” applies in that section

the term “cable system” has the meaning given that term in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 ).

“copyright management information” applies in that section

the term “copyright management information” means any of the following information conveyed in connection with copies or phonorecords of a work or performances or displays of a work, including in digital form, except that such term does not include any personally identifying information about a user of a work or of a copy, phonorecord, performance, or display of a work: (1) The title and other information identifying the work, including the information set forth on a notice of copyright. (2) The name of, and other identifying information about, the author of a work.

“information security” applies in that section

the term “information security” means activities carried out in order to identify and address the vulnerabilities of a government computer, computer system, or computer network. (e) Limitations on Liability.— (1) Analog transmissions .— In the case of an analog transmission, a person who is making transmissions in its capacity as a broadcast station, or as a cable system, or someone who provides programming to such station or system, shall not be liable for a violation of subsection (b) if— (A) avoiding the activity that constitutes such violation is not technically feasible or would create an undue financial hardship on such person; and (B) such person did not intend, by engaging in such …

“public broadcasting entity” applies throughout this title

the term “public broadcasting entity” has the meaning given such term under section 118(f). (ii) In general .— In the case of a nonprofit library, archives, educational institution, or public broadcasting entity, the court shall remit damages in any case in which the library, archives, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archives, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation.

“anyone” applies in that section

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 the official capacity of the officer or employee, as applicable.

“covered activity” applies in that section

The term “covered activity” means any activity that the copyright owner of a sound recording would have the exclusive right to do or authorize under section 106 or 602, or that would violate section 1201 or 1202, if the sound recording were fixed on or after February 15, 1972 . (2) Rights owner .—

“knowing” applies in that section

the term “knowing”— (i) does not require specific intent to defraud; and (ii) with respect to information about ownership of the sound recording in question, means that the person— (I) has actual knowledge of the information; (II) acts in deliberate ignorance of the truth or falsity of the information; or (III) acts in grossly negligent disregard of the truth or falsity of the information.

“rights owner” applies in that section

The term “rights owner” means— (A) the person that has the exclusive right to reproduce a sound recording under the laws of any State, as of the day before the date of enactment of this section; or (B) any person to which a right to enforce a violation of this section may be transferred, in whole or in part, after the date of enactment of this section, under— (i) subsections (d) and (e) of section 201; and (ii) section 204.

“claimant” applies throughout its chapter

the term “claimant” means the real party in interest that commences a proceeding before the Copyright Claims Board under section 1506(e), pursuant to a permissible claim of infringement brought under section 1504(c)(1), noninfringement brought under section 1504(c)(2), or misrepresentation brought under section 1504(c)(3);

“counterclaimant” applies throughout its chapter

the term “counterclaimant” means a respondent in a proceeding before the Copyright Claims Board that— (A) asserts a permissible counterclaim under section 1504(c)(4) against the claimant in the proceeding; and (B) is the real party in interest with respect to the counterclaim described in subparagraph (A);

“party” applies throughout its chapter

the term “party”— (A) means a party; and (B) includes the attorney of a party, as applicable; and;

“respondent” applies throughout its chapter

the term “respondent” means any person against whom a proceeding is brought before the Copyright Claims Board under section 1506(e), pursuant to a permissible claim of infringement brought under section 1504(c)(1), noninfringement brought under section 1504(c)(2), or misrepresentation brought under section 1504(c)(3).

“senior level employee of the Federal Government” applies throughout its chapter

the term “senior level employee of the Federal Government” means an employee, other than an employee in the Senior Executive Service, the position of whom is classified above GS–15 of the General Schedule. (ii) Pay range .— Each Copyright Claims Officer shall be compensated at a rate of pay that is not less than the minimum, and not more than the maximum, rate of pay payable for senior level employees of the Federal Government, including locality pay, as applicable.