Laws: Cases and Codes : U.S. Code : Title 17 : Section 109
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U.S. Code as of:
01/19/04
Section 109 - Notes
SOURCE
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2548;
Pub. L. 98-450, Sec. 2, Oct. 4, 1984, 98 Stat. 1727; Pub. L.
100-617, Sec. 2, Nov. 5, 1988, 102 Stat. 3194; Pub. L. 101-650,
title VIII, Secs. 802, 803, Dec. 1, 1990, 104 Stat. 5134, 5135;
Pub. L. 103-465, title V, Sec. 514(b), Dec. 8, 1994, 108 Stat.
4981; Pub. L. 105-80, Sec. 12(a)(5), Nov. 13, 1997, 111 Stat.
1534.)
HISTORICAL AND REVISION NOTES
REFERENCES IN TEXT
The date of the enactment of the Computer Software Rental
Amendments Act of 1990, referred to in subsec. (b)(2)(B), is the
date of enactment of Pub. L. 101-650, which was approved Dec. 1,
1990.
The first section of the Clayton Act, referred to in subsec.
(b)(3), is classified to section 12 of Title 15, Commerce and
Trade.
Section 5 of the Federal Trade Commission Act, referred to in
subsec. (b)(3), is classified to section 45 of Title 15.
AMENDMENTS
1997 - Subsec. (b)(2)(B). Pub. L. 105-80 substituted "Register of
Copyrights considers appropriate" for "Register of Copyright
considers appropriate".
1994 - Subsec. (a). Pub. L. 103-465 inserted at end
"Notwithstanding the preceding sentence, copies or phonorecords of
works subject to restored copyright under section 104A that are
manufactured before the date of restoration of copyright or, with
respect to reliance parties, before publication or service of
notice under section 104A(e), may be sold or otherwise disposed of
without the authorization of the owner of the restored copyright
for purposes of direct or indirect commercial advantage only during
the 12-month period beginning on -
"(1) the date of the publication in the Federal Register of the
notice of intent filed with the Copyright Office under section
104A(d)(2)(A), or
"(2) the date of the receipt of actual notice served under
section 104A(d)(2)(B),
whichever occurs first."
1990 - Subsec. (b)(1). Pub. L. 101-650, Sec. 802(2), added par.
(1) and struck out former par. (1) which read as follows:
"Notwithstanding the provisions of subsection (a), unless
authorized by the owners of copyright in the sound recording and in
the musical works embodied therein, the owner of a particular
phonorecord may not, for purposes of direct or indirect commercial
advantage, dispose of, or authorize the disposal of, the possession
of that phonorecord by rental, lease, or lending, or by any other
act or practice in the nature of rental, lease, or lending. Nothing
in the preceding sentence shall apply to the rental, lease, or
lending of a phonorecord for nonprofit purposes by a nonprofit
library or nonprofit educational institution."
Subsec. (b)(2), (3). Pub. L. 101-650, Sec. 802(1), (2), added
par. (2) and redesignated former pars. (2) and (3) as (3) and (4),
respectively.
Subsec. (b)(4). Pub. L. 101-650, Sec. 802(3), added par. (4) and
struck out former par. (4) which read as follows: "Any person who
distributes a phonorecord in violation of clause (1) is an
infringer of copyright under section 501 of this title and is
subject to the remedies set forth in sections 502, 503, 504, 505,
and 509. Such violation shall not be a criminal offense under
section 506 or cause such person to be subject to the criminal
penalties set forth in section 2319 of title 18."
Pub. L. 101-650, Sec. 802(1), redesignated par. (3) as (4).
Subsec. (e). Pub. L. 101-650, Sec. 803, added subsec. (e).
1988 - Subsec. (d). Pub. L. 100-617 substituted "(a) and (c)" for
"(a) and (b)" and "copyright" for "coyright".
1984 - Subsecs. (b) to (d). Pub. L. 98-450 added subsec. (b) and
redesignated existing subsecs. (b) and (c) as (c) and (d),
respectively.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 104A, 106, 501, 511 of
this title; title 18 section 2319.
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