FEDERAL TRADE COMMISSION SEC. 8. [15 U.S.C. 1336] Nothing in this Act (other than the requirements of section 4) shall be construed to limit, restrict, expand, or otherwise affect the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of cigarettes. REPORTS SEC. 9. [15 U.S.C. 1337] (a) The Secretary shall transmit a report to the Congress not later than January 1, 1971, and annually thereafter, concerning (1) current information in the health consequences of smoking, and (2) such recommendations for legislation as he may deem appropriate. (b) The Federal Trade Commission shall transmit a report to the Congress not later than January 1, 1971, and annually thereafter, concerning (1) current practices and methods of cigarette advertising and promotion, and (2) such recommendations for legislation as it may deem appropriate. CRIMINAL PENALTY SEC. 10. [15 U.S.C. 1338] Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. INJUNCTION PROCEEDINGS SEC. 11. [15 U.S.C. 1339] The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and restrain violations of this chapter upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. CIGARETTES FOR EXPORT SEC. 12. [15 U.S.C. 1340] Packages of cigarettes manufactured, imported, or packaged (1) for export from the United States or (2) for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the requirements of this chapter, but such exemptions shall not apply to cigarettes manufactured, imported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States. SEPARABILITY SEC. 13. [15 U.S.C. 1331n] If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION ACT OF 19861 SEC. 3. [15 U.S.C. 4402] SMOKELESS TOBACCO WARNING. (a) GENERAL RULE. *** (f) TELEVISION AND RADIO ADVERTISING.-Effective 6 months after the date of the enactment of this Act, it shall be unlawful to advertise smokeless tobacco on any medium of electronic communications subject to the jurisdiction of the Federal Communications Commission. 1 Public Law 99-252, 100 Stat. 30, 32, Feb. 27, 1986. Limitations on exclusive rights: Reproduction by libraries and archives. Sec. 101. Definitions. 104. 108. 111. 112. * 114. * 117. * 119. Limitations on exclusive rights: Secondary transmissions. Scope of exclusive rights in sound recordings. Limitations on exclusive rights: Computer programs. * * Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing. $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 "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 person. 71-376 2001 - 22 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 devel-1 oped, 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 "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, 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 non-analog 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 au thority 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. The "Geneva Phonograms Convention" is the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, concluded at Geneva, Switzerland, on October 29, 1971. The "gross square feet of space" of an establishment means the entire interior space of that establishment, and any adjoining outdoor space used to serve patrons, whether on a seasonal basis or otherwise. The terms "including" and "such as" are illustrative and not limitative. An "international agreement" is and (1) the Universal Copyright Convention; (4) the WTO Agreement; (5)1 the WIPO Copyright Treaty; (6)2 the WIPO Performances and Phonograms Treaty; (7) any other copyright treaty to which the United States is a party. A “joint work" is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. "Literary works" are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied. "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. To "perform” a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovis- ual work, to show its images in any sequence or to make the sounds accompanying it audible. A "performing rights society" is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors This paragraph was added by section 102(a)(4) of the Digital Millennium Copyright Act (P.L. 105-304). Section 105(b)(1)(A) of such Act provides "paragraph (5) of the definition of international agreement'" shall take effect upon the entry into force of the WIPO Copyright Treaty with respect to the United States. 2This paragraph was added by section 102(a)(4) of the Digital Millennium Copyright Act (P.L. 105-304). Section 105(b)(2)(A) of such Act provides "paragraph (6) of the definition of international agreement"" shall take effect upon the entry into force of the WIPO Performances and Phonograms Treaty with respect to the United States. |