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(a) Where the determination was procured by corruption, fraud, or undue means.

(b) Where there was evident partiality or corruption in any member of the panel.

(c) Where any member of the panel was guilty of any misconduct by which the rights of any party have been prejudiced.

TRANSITIONAL AND SUPPLEMENTARY PROVISIONS Sec. 102. This title becomes effective on January 1, 1977, except as otherwise provided by section 304 (b) of title 17 as amended by this title.

Sec. 103. This title does not provide copyright protection for any work that goes into the public domain before January 1, 1977. The exclusive rights, as provided by section 106 of title 17 as amended by this title, 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.

Sec. 104. All proclamations issued by the President under sections 1(e) or 9(b) of title 17 as it existed on December 31, 1976, or under previons copyright statutes of the United States shall continue in force until terminated, suspended, or revised by the President.

Sec. 105. (a)(1) Section 505 of title 44, United States ('odle, Supplement IV', is amended to read as follows: “8 505. Sale of duplicate plates

“The Public Printer shall sell, under regulations of the Joint ('ommittee on Printing to persons who may apply, additional or duplicate stereotype or electrotype plates from which a Government publication is printed, at a price not to exceed the cost of composition, the metal, and making to the Government, plus 10 per centum, and the full amount of the price shall be paid when the order is filed."

(2) The item relating to section 505 in the sectional analysis at the beginning of chapter 5 of title 44, United States (Code, is amended to read as follows: "505. Sale of duplicate plates."

(b) Section 2113 of title 44. United States (ode, is amended to read as follows: "& 2113. Limitation on liability

"When letters and other intellectual productions (exclusive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) come into the custody or possession of the Administrator of General

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1 Services, the United States or its agents are not liable for infringe2 ment of copyright or analogous rights arising out of use of the mate3 rials for display, inspection, research, reproduction, or other purposes."

(c) In section 1498(b) of title 28 of the United States Code, the 5 phrase "section 101 (b) of title 17" is amended to read “section 504(c) 6 of title 17". 7 (d) Section 543(a) (4) of the Internal Revenue Code of 1954, as 8 amended, is amended by striking out “(other than by reason of sec9 tion 2 or 6 thereof)". 10 (e) Section 3202(a) of title 39 of the United States Codle is 11 amended by striking out clause (5). Section 3206(C) of title 39 of the 12 l'nited States (ode is amended by striking out clause (c). Section 13 3200(d) is renumbered (c). 14 (f) In section 6 of the Standard Reference Data Act (section 15 190(e) of title 13 of the United States Code, Supplement IV), sub16 section (a) is amended to delete the reference to "section 8" and to 17 substitute therefor the phrase "section 105”. 18 Sec. 106. In any case where, before January 1, 1977, a person has 19 lawfully made parts of instruments serving to reproduce mechani20cally a copyrighted work under the compulsory license provisions of 21 section 1(e) of title 17 as it existed on December 31, 1976, he may 22 continue to make and distribute such parts embodying the same me23 chanical reproduction without obtaining a new compulsory license 24 under the terms of section 115 of title 17 as amended by this title.

However, such parts made on or after January 1, 1977, constitute 26 phonorecords and are otherwise subject to the provisions of said 27 section 115. 28 Sw. 107. In the case of any work in which an ad interim copyright 29 is subsisting or is capable of being secured on December 31, 1976, 30 under section 22 of title 17 as it existed on that date, copyright pro31 tection is hereby extended to endure for the term or terms provided 32 by section 304 of title 17 as amended by this title. 33 Sex. 108. The notice provisions of sections 401 through 403 of title 34 17 as amended by this title apply to all copies or phonorecords publicly 35 distributed on or after January 1, 1977. However, in the case of a work 36 published before January 1, 1977. compliance with the notice provi37 gions of title 17 either as it existed on December 31, 1976, or as amended 38 by this title, is adequate with respect to copies publicly distributed 39 after December 31, 1976,

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1 Sec. 109. The registration of claims to copyright for which the 2 required deposit, application, and fee were received in the Copyright 3 Office before January 1, 1977, and the recordation of assignments of 4 copyright or other instruments received in the Copyright Office before 5 January 1, 1977, shall be made in accordance with title 17 as it existed 6 on December 31, 1976. 7 Sec. 110. The demand and penalty provisions of section 14 of title 17 8 as it existed on December 31, 1976, apply to any work in which copy9 right has been secured by publication with notice of copyright on or 10 before that date, but any deposit and registration made after that date 11 in response to a demand under that section shall be made in accordance 12 with the provisions of title 17 as amended by this title. 13 Sec. 111. Section 2318 of title 18 of the United States Code is 14 amended to read as follows: 15 "2318. Transportation, sale or receipt of phonograph records 16

bearing forged or counterfeit labels 17 "Whoever knowingly and with fraudulent intent transports, causes 18 to be transported, receives, sells, or offers for sale in interstate or 19 foreign commerce any phonograph record, disk, wire, tape, film, or 20 other article on which sounds are recorded, to which or upon which is 21 stamped, pasted, or affixed any forged or counterfeited label, knowing 22 the label to have been falsely made, forged, or counterfeited shall be 23 fined not more than $25,000 or imprisoned for not more than one 24 year, or both, for the first such offense and shall be fined not more than 25 $50,000 or imprisoned not more than two years or both, for any sub26 sequent offense." 27 Sec. 112. All causes of action that arose under title 17 before Jan28 uary 1, 1977, shall be governed by title 17 as it existed when the cause 29

of action arose. 30 Sec. 113. If any provision of title 17, as amended by this title, is 31 declared unconstitutional, the validity of the remainder of the title 32 is not affected. 33 TITLE II-PROTECTION OF ORNAMENTAL DESIGXS 34

OF USEFUL ARTICLES 35 36 SEC. 201. (a) The author or other proprietor of an original orna37 mental design of a useful article may secure the protection provided 38 by this title upon complying with and subject to the provisions hereof. 39 (b) For the purposes of this title 40 (1) A “useful article" is an article which in normal use has an 41

intrinsic utilitarian function that is not merely to portray the appear

DESIGNS PROTECTED

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ance of the article or to convey information. An article which normally is a part of a useful article shall be deemed to be a useful article.

(2) The "design of a useful article”, hereinafter referred to as a “design", consists of those aspects or elements of the article, including its two dimensional or three-dimensional features of shape and surface, which make up the appearance of the article.

(3) A design is “ornamental” if it is intended to make the article attractive or distinct in appearance.

(4) A design is “original" if it is the independent creation of an author who did not copy it from another source.

DESIGNS NOT SUBJECT TO PROTECTION Sec. 202. Protection under this title shall not be available for a design that is,

(a) not original;

(b) staple or commonplace, such as a standard geometric figure, familiar symbol, emblem, or motif, or other shape, pattern, or configuration which has become common, prevalent, or ordinary;

(c) different from a design excluded by subparagraph (b) above only in insignificant details or in elements which are variants commonly used in the relevant trades; or

(d) dictated solely by a utilitarian function of the article that embodies it;

(e) composed of three-dimensional features of shape and surface with respect to men's, women's, and children's apparel, including undergarments and outerwear.

REVISIONS, ADAPTATIONS, AND REARRANGEMENTS Sec. 203. Protection for a design under this title shall be available not withstanding the employment in the design of subject matter excluded from protection under section 202, if the design is a substantial revision, adaptation, or rearrangement of said subject matter: Prorided, That such protection shall be available to a design employing subject matter protected under title I of this Act, or title 35 of the United States ("ode or this title, only if such protected subject matter is employed with the consent of the proprietor thereof. Such protection shall be independent of any subsisting protection in subject matter employed in the design, and shall not be construed as securing any right to subject matter excluded from protection or as extending any subsisting protection.

COMMENCEMENT OF PROTECTION SEC. 204. (a) The protection provided for a design under this title shall commence upon the date when the design is first made public.

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(b) A design is made public when, by the proprietor of the design or with his consent, an existing useful article embodying the design is anywhere publicly exhibited, publicly distributed, or offered for sale or sold to the public.

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TERM OF PROTECTIOX

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SEC. 205. (a) Subject to the provisions of this title, the protection herein provided for a design shall continue for a term of five years from the date of the commencement of protection as provided in sec. tion 201(a), but if a proper application for renewal is received by the Administrator during the year prior to the expiration of the fiveyear term, the protection herein provided shall be extended for an additional period of five years from the date of expiration of the first five years.

(b) If the design notice actually applied shows a date earlier than the date of the commencement of protection as provided in section 201(a), protection shall terminate as though the term had commenced at the earlier date.

(c) Where the distinguishing elements of a design are in substantially the same form in a number of different useful articles, the design shall be protected as to all such articles when protected as to one of them, but not more than one registration shall be required. as provided in this title all rights under this title in said design shall l'pon expiration or termination of protection in a particular design terminate, regardless of the number of different articles in which the design may have been utilized during the term of its protection.

THE DESIGN NOTICE SEC, 206. (a) Whenever any design for which protection is sought under this title is made public as provided in section 204(b), the proprietor shall, subject to the provisions of section 207, mark it or have it marked legibly with a design notice consisting of the following three elements :

(1) the words "Protected Design", the abbreviation “Protd Des." or the letter "D" within a circle thus D;

(2) the year of the date on which the design was first made public and

(3) the name of the proprietor, an abbreviation by which the name can be recognized, or a generally accepted alternative designation of the proprietor; any distinctive identification of the proprietor may be used if it has been approved and recorded by

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