(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa.

(4) Coral reef

The term "coral reef" means any reefs or shoals composed primarily of corals. (5) Coral reef ecosystem

The term "coral reef ecosystem" means coral and other species of reef organisms (including reef plants) associated with coral reefs, and the nonliving environmental factors that directly affect coral reefs, that together function as an ecological unit in nature. (6) Coral products

The term "coral products" means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (3).

(7) Secretary

The term "Secretary" means the Secretary of Commerce.

(8) State

The term "State" means any State of the United States that contains a coral reef eco

system within its seaward boundaries, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, and any other territory or possession of the United States, or separate sovereign in free association with the United States, that contains a coral reef ecosystem within its seaward boundaries.

(Pub. L. 106-562, title II, §210, Dec. 23, 2000, 114 Stat. 2805.)

REFERENCES IN TEXT

The National Marine Sanctuaries Act, referred to in par. (2), is title III of Pub. L. 92-532, Oct. 23, 1972, 86 Stat. 1061, as amended, which is classified generally to chapter 32 (§1431 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1431 of this title and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (2), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

LOST AND EXPIRED COPYRIGHTS; RECORDING RIGHTS Section 103 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2599, provided that: "This Act [enacting this title] does not provide copyright protection for any work that goes into the public domain before January 1, 1978. The exclusive rights, as provided by section 106 of title 17 as amended by the first section of this Act, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1, 1909."

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 2 sections 179p, 1704, 1711; title 11 section 101; title 15 section 1129; title 18 sections 2319, 2319A; title 19 section 1337; title 20 sections 6622, 8673; title 26 section 543; title 47 sections 542, 544, 605.

CHAPTER 1-SUBJECT MATTER AND SCOPE OF COPYRIGHT

114. 115.

Title 17, as enacted by act July 30, 1947, ch. 391, 61 Stat. 652, consisting of sections 1 to 32, 101 to 116, and 201 to 216, as amended through 1976, and section 203, as amended by Pub. L. 95-94, title IV, § 406(a), Aug. 5, 1977, 91 Stat. 682, terminated Jan. 1, 1978.

EFFECTIVE DATE

Section 102 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2598, provided that: "This Act [enacting this title and section 170 of Title 2, The Congress, amending section 131 of Title 2, section 290e of Title 15, Commerce and Trade, section 2318 of Title 18, Crimes and Criminal Procedure, section 543 of Title 26, Internal Revenue Code, section 1498 of Title 28, Judiciary and Judicial Procedure, sections 3203 and 3206 of Title 39, Postal Service, and sections 505 and 2117 of Title 44, Public Printing and Documents, and enacting provisions set out as notes below and under sections 104, 115, 304, 401, 407, 410, and 501 of this title] becomes effective on January 1, 1978, except as otherwise expressly provided by this Act, including provisions of the first section of this Act. The provisions of sections 118, 304(b), and chapter 8 of title 17, as amended by the first section of this Act, take effect upon enactment of this Act [Oct. 19, 1976]."

SEPARABILITY

Section 115 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2602, provided that: "If any provision of title 17 [this title], as amended by the first section of this Act, is declared unconstitutional, the validity of the remainder of this title is not affected."

AUTHORIZATION OF APPROPRIATIONS

Section 114 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2602, provided that: "There are hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act [this title]."

116.

[116A.

117.

118.

119.

120.

121.

122.

Scope of exclusive rights in sound recordings. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords. Negotiated licenses for public performances by means of coin-operated phonorecord players. Renumbered.]

Limitations on exclusive rights: Computer programs.

Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting.

Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing.

Scope of exclusive rights in architectural works.

Limitations on exclusive rights: reproduction for blind or other people with disabilities. Limitations on exclusive rights; secondary transmissions by satellite carriers within local market.1

AMENDMENTS

1999 Pub. L. 106-113, div. B, §1000(a)(9) [title I, §1002(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-527, added item 122.

1997-Pub. L. 105-80, §12(a)(2), Nov. 13, 1997, 111 Stat. 1534, substituted "Limitations on exclusive rights: Computer programs" for "Scope of exclusive rights:

1 So in original. Does not conform to section catchline.

Use in conjunction with computers and similar information systems" in item 117.

1996-Pub. L. 104-197, title III, §316(b), Sept. 16, 1996, 110 Stat. 2417, added item 121.

1994-Pub. L. 103-465, title V, §514(c), Dec. 8, 1994, 108 Stat. 4981, substituted "Copyright in restored works" for "Copyright in certain motion pictures" in item 104A.

1993-Pub. L. 103-198, §3(a), (b)(2), Dec. 17, 1993, 107 Stat. 2309, renumbered item 116A as 116 and struck out former item 116 "Scope of exclusive rights in nondramatic musical works: Compulsory licenses for public performances by means of coin-operated phonorecord players."

Pub. L. 103-182, title III, §334(b), Dec. 8, 1993, 107 Stat. 2115, added item 104A.

1990-Pub. L. 101-650, title VI, § 603(b), title VII, $704(b)(1), Dec. 1, 1990, 104 Stat. 5130, 5134, added items 106A and 120.

1988-Pub. L. 100-667, title II, §202(6), Nov. 16, 1988, 102 Stat. 3958, added item 119.

Pub. L. 100-568, §4(b)(2), Oct. 31, 1988, 102 Stat. 2857, substituted "Compulsory licenses for public performances" for "Public performances" in item 116 and added item 116A.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 912 of this title. § 101. Definitions

Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:

An "anonymous work" is a work on the copies or phonorecords of which no natural person is identified as author.

An "architectural work" is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.

"Audiovisual works" are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

The "Berne Convention" is the Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto.

The "best edition" of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes.

A person's "children" are that person's immediate offspring, whether legitimate or not, and any children legally adopted by that per

son.

A "collective work" is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.

A "compilation" is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated,

or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "compilation" includes collective works.

"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. 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 work is "created" when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work".

A "device", "machine", or "process" is one now known or later developed.

A "digital transmission" is a transmission in whole or in part in a digital or other nonanalog format.

To "display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.

An "establishment" is a store, shop, or any similar place of business open to the general public for the primary purpose of selling goods or services in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly.

A "food service or drinking establishment" is a restaurant, inn, bar, tavern, or any other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink, in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly.

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