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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." 4 (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 Code is 11 amended by striking out clause (5). Section 3:200(c) of title 39 of the 12 l'nited States (Code 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 90(e) of title 15 of the United States Code, Supplement IV), sub
section (a) is amended to delete the reference to "section 8" and to 17 substitute there for 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
section 1(e) of title 17 as it existed on December 31, 1976, he may
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.
Sø. 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 Sec. 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 provi
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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Sec. 109. The registration of claims to copyright for which the required deposit, application, and fee were received in the Copyright Office before January 1, 1977, and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1, 1977, shall be made in accordance with title 17 as it existed on December 31, 1976.
Sec. 110. The demand and penalty provisions of section 14 of title 17 as it existed on December 31, 1976, apply to any work in which copyright has been secured by publication with notice of copyright on or before that date, but any deposit and registration made after that date in response to a demand under that section shall be made in accordance with the provisions of title 17 as amended by this title.
Sec. 111. Section 2318 of title 18 of the United States Code is amended to read as follows: “8 2318. Transportation, sale or receipt of phonograph records
bearing forged or counterfeit labels “Whoever knowingly and with fraudulent intent transports, causes to be transported, receives, sells, or offers for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds are recorded, to which or upon which is stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited shall be fined not more than $25,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned not more than two years or both, for any subsequent offense."
Sec. 112. All causes of action that arose under title 17 before January 1, 1977, shall be governed by title 17 as it existed when the cause of action arose.
Sec. 113. If any provision of title 17, as amended by this title, is declared unconstitutional, the validity of the remainder of the title is not affected. TITLE II-PROTECTION OF ORNAMENTAL DESIGNS
OF USEFUL ARTICLES
DESIGNS PROTECTED SEC. 201. (a) The author or other proprietor of an original ornamental design of a useful article may secure the protection provided by this title upon complying with and subject to the provisions hereof.
(b) For the purposes of this title
(1) A “useful article" is an article which in normal use has an intrinsic utilitarian function that is not merely to portray the appear.
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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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1 (b) A design is made public when, by the proprietor of the design 2 or with his consent, an existing useful article embodying the design 3 is anywhere publicly exhibited, publicly distributed, or offered for 4 sale or sold to the public.
TERM OP PROTECTION 6 SEC. 205. (a) Subject to the provisions of this title, the protection 7 herein provided for a design shall continue for a term of five years 8 from the date of the commencement of protection as provided in sec9 tion 204(a), but if a proper application for renewal is received by 10 the Administrator during the year prior to the expiration of the five
year term, the protection herein provided shall be extended for an
additional period of five years from the date of expiration of the first 13 five years. 14 (b) If the design notice actually applied shows a date earlier than 15 the date of the commencement of protection as provided in section 16 204(a), protection shall terminate as though the term had commenced 17 at the earlier date. 18 (c) Where the distinguishing elements of a design are in substan19tially the same form in a number of different useful articles, the 20 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. 22 as provided in this title all rights under this title in said design shall 23 ('pon expiration or termination of protection in a particular design
terminate, regardless of the number of different articles in which the
THE DESIGN NOTICE
under this title is made public as provided in section 204(b), the 29 proprietor shall, subject to the provisions of section 207, mark it or 30 have it marked legibly with a design notice consisting of the following 31 three elements:
(1) the words "Protected Design", the abbreviation “Prot'd 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 desig. nation of the proprietor; any distinctive identification of the proprietor may be used if it has been approved and recorded by 3 4 5 6 7 8
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the Administrator before the design marked with such identifica
tion is made public. After registration the registration number may be used instead of the elements specified in (2) and (3) hereof.
(b) The notice shall be so lox'ated and applied as to give reasonable notice of design protection while the useful article embodying the design is passing through its normal channels of commerre. This requirement may be fulfilled, in the case of sheetlike or strip materials bearing repetitive or continuous designs, by application of the notice to each repetition, or to the margin, selvage, or reverse side of the material at reasonably frequent intervals, or to tags or labels affixed to the material at such intervals.
(c) When the proprietor of a design has complied with the provi. sions of this section, protection under this title shall not be affected by the removal, destruction, or obliteration by others of the design notice on an article.
EFFECT OF OMISSION OF NOTICE Sec. 207. The omission of the notice prescribed in section 206 shall not cause loss of the protection or prevent recovery for infringement against any person who, after written notice of the design protection, begins an undertaking leading to infringement: Prorided, That such omission shall prevent any recovery under section 222 against a person who began an undertaking leading to infringement before receiving written notice of the design protection, and no injunction shall be had unless the proprietor of the design shall reimburse said person for any reasonable expenditure or contractual obligation in connection with such undertaking incurred before written notice of design protection, as the court in its discretion shall direct. The burden of proving written notice shall be on the proprietor.
INFRINGEMENT Sec. 208. (a) It shall be infringement of a design protected under this title for any person, without the consent of the proprietor of the design, within the United States or its territories or possessions and during the term of such protection, to
(1) make, have made, or import, for sale or for use in trade, any infringing article as defined in subsection (d) hereof; or
(2) sell or distribute for sale or for use in trade any such infringing article: Provided, however, That a seller or distributor of any such article who did not make or import the same shall be deemed to be an infringer only if-