(b) Any or all members of the advisory committee may attend all sessions of the Commission except executive sessions.

(c) The advisory committee shall be invited to all nonexecutive meetings of the United States Section and at such meetings shall be granted opportunity to examine and to be heard on all proposed programs of study and investigation, reports, and recommendations of the United States Section.

(d) The members of the advisory committee shall receive no compensation for their services as such members. On approval by the United States Section, not more than three members of the committee, designated by the committee, may be paid for transportation expenses and per diem incident to attendance at meetings of the Commission or of the United States Section. (Aug. 12, 1954, ch. 669, § 4, 68 Stat. 698.)

§ 1024. Conflict of interests statutes inapplicable.

Service of any individual appointed from private life as a United States Commissioner pursuant to section 1022 of this title, or as a member of the Advisory Committee appointed pursuant to section 1023 (a) of this title, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, and 434 of Title 18, and section 99 of Title 5, except insofar as such provisions of law may prohibit any such individual from acting or receiving compensation in respect to matters directly relating to the Convention, this chapter, or regulations issued pursuant to this chapter. (Aug. 12, 1954, ch. 669, § 5, 68 Stat. 698.)

§1025. Powers of President; acceptance or rejection of Commission's recommendations; selection of special committee.

The President is authorized to (a) accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with the provisions of article III, section 1, of the Convention, and recommendations made by the Commission in pursuance of the provisions of the Protocol to the Convention; and (b) act for the United States in the selection of persons by the contracting parties to compose the special committee provided by the Protocol to the Convention. (Aug. 12, 1954, ch. 669, § 6, 68 Stat. 699.)

§ 1026. Cooperation with other agencies.

Any agency of the Federal Government is authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish, on a reimbursable basis, facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention. Such agency may accept reimbursement from the Commission. (Aug. 12, 1954, ch. 669, § 7, 68 Stat.

699.)

§ 1027. Enforcement; boarding and inspecting vessels; detention of persons and vessels; enforcement officers as witnesses.

(a) The provisions of the Convention and this chapter relating to abstention from fishing in certain areas by the nationals and vessels of one or more

of the contracting parties shall be enforced by the Coast Guard in cooperation with the Fish and Wildlife Service and the Bureau of Customs.

(b) For such purposes any Coast Guard officer, any officer of the Fish and Wildlife Service, or any other person authorized to enforce the provisions of the Convention and this chapter referred to in subsection (a) of this section may go on board any fishing vessel of Canada or Japan found in waters in which Canada or Japan has agreed by or under the Convention to abstain from exploitation of one or more stocks of fish, and, when he has reasonable cause to believe that such vessel is engaging in operations in violation of the provisions of the Convention, may, without warrant or other process, inspect the equipment, books, documents, and other articles on such vessel and question the persons on board, and for these purposes may hail and stop such vessel, and use all necessary force to compel compliance.

(c) Whenever any such officer has reasonable cause to believe that any person on any fishing vessel of Canada or Japan is violating, or immediately prior to the boarding of such vessel was violating, the provisions of the Convention referred to in subsection (a) of this section, such person, and any such vessel employed in such violation shall be detained and shall be delivered as promptly as practicable to an authorized official of the nation to which they belong in accordance with the provisions of the Convention.

(d) Any officer of the Coast Guard, any officer of the Fish and Wildlife Service, or any other person authorized to enforce the provisions of the Convention and this chapter referred to in subsection (a) of this section, may be directed to attend as witnesses and to produce such available records and files or duly certified copies thereof as may be necessary to the prosecution in Canada or Japan of any violation of the provisions of the Convention or any Canadian or Japanese law for the enforcement thereof when requested by the appropriate authorities of Canada or Japan respectively. (Aug. 12, 1954, ch. 669, § 8, 68 Stat. 699.)

§ 1028. Designation of enforcement officers.

The Secretary of the Interior may designate officers of the States and Territories of the United States to enforce the provisions of the Convention and this chapter insofar as they pertain to fishing vessels of the United States and the persons on board such vessels. (Aug. 12, 1954, ch. 669, § 9, 68 Stat. 699.)

§ 1029. Unlawful activities.

(a) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States to engage in the catching of any stock of fish from which the United States may agree to abstain in the waters specified for such abstention as set forth in the Annex to the Convention, or to load, process, possess, or transport any such fish or fish products processed therefrom in the said waters, or to land in a port of the United States any fish so caught, loaded, possessed, or transported or any fish products processed therefrom.

(b) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States

knowingly to load, process, possess, or transport any fish specified in subsection (a) of this section or any fish products processed therefrom in the territorial waters of the United States or in any waters of the Convention area in addition to those specified in subsection (a) of this section, or to land in a port of the United States any such fish or fish products.

(c) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States knowingly to load, process, possess, or transport in the Convention area or in the territorial waters of the United States any fish taken by a national of Canada or Japan from a stock of fish from which Canada or Japan respectively has agreed to abstain as set forth in the Annex to the Convention or any fish products processed therefrom, or to land such fish or fish products in a port of the United States.

(d) It shall be unlawful for any person subject to the jurisdiction of the United States to aid or abet in the taking of fish by a national or fishing vessel of Canada or of Japan from a stock of fish from which Canada or Japan has respectively agreed to abstain as set forth in the Annex of the Convention.

(e) It shall be unlawful for the master or owner or any person in charge of any fishing vessel of the United States to refuse to permit the duly authorized officials of the United States, Canada, or Japan to board such vessel or inspect its equipment, books, documents, or other articles or question the persons on board in accordance with the provision of the Convention, or to obstruct such officials in the execution of such duties. (Aug. 12, 1954, ch. 669, § 10, 68 Stat. 699.)

§ 1030. Penalties.

(a) Any person violating subsections (a), (b), or (c) of section 1029 of this title shall upon conviction be fined not more than $10,000, and for such offense the court may order forfeited, in whole or in part, the fish concerned in the offense, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfeited fish or fishing gear shall be disposed of in accordance with the direction of the court.

(b) Any person violating subsection (d) of section 1029 of this title shall upon conviction be fined not more than $10,000.

(c) Any person violating subsection (e) of section 1029 of this title shall upon conviction be fined not more than $10,000 and be imprisoned for not more than one year or both, and for such offense the court may order forfeited, in whole or in part the fish and fishing gear on board the vessel, or both, or the monetary value thereof. Such fish and fishing gear shall be disposed of in accordance with the direction of the court.

(d) Section 989 of this title shall not apply to violations for which penalties are provided in this section. (Aug. 12, 1954, ch. 669, § 11, 68 Stat. 700.)

§ 1031. Applicability of sections 986, 988, 989 and 990 of this title.

For the effective execution of this chapter, sections 986 (a) and (b), 988, 989 and 990 of this title shall be deemed to be incorporated herein in haec verba provided that regulations authorized by section 986 (a) of this title shall be adopted by the Secretary of the Interior on consultation with the United States Section and shall apply only to stocks of fish in the Convention area north of the parallel of north latitude of 48 degrees and 30 minutes: And provided further, That no such regulations shall apply in the Convention area south of the 49th parallel of north latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon (Oncorhynchus gorbuscha). (Aug. 12, 1954, ch. 669, § 12, 68 Stat. 700; July 24, 1957, Pub. L. 85-114, 71 Stat. 310.) AMENDMENTS

1957-Pub. L. 85-114 amended section to provide that regulations shall apply to area north of parallel of north latitude of 48 degrees and 30 minutes but not south of 49th parallel of north latitude with respect to sockeye or pink salmon, in lieu of prior provisions that regulations apply to area “contiguous to territorial waters of Alaska". § 1032. Appropriations; use of funds.

(a) There is authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this chapter, including

(1) necessary travel expenses of the United States Commissioners without regard to the Standardized Government Travel Regulations, as amended, the Travel Expense Act of 1949, or section 73b of title 5; and

(2) the United States share of the joint expenses of the Commission; provided that the Commissioners shall not, with respect to commitments concerning the United States share of the joint expenses of the Commission, be subject to the provisions of section 262 (b) of Title 22 insofar as they limit the authority of United States representatives to international organizations with respect to such commitments. (b) Such funds as shall be made available to the Secretary of the Interior for research and related activities shall be expended to carry out the program of the Commission in accordance with recommendations of the United States Section. (Aug. 12, 1954, ch. 669, § 13, 68 Stat. 701.)

REFERENCES IN TEXT

The Travel Expense Act of 1949, referred to in the text, is classified to sections 835-842 of Title 5, Executive Departments and Government Officers and Employees.

Chap.

1. Registration of copyright..

Revised Statutes Statutes at Large

New Sections

40

41.

TABLE

Showing where former sections of Title 17 and the laws from which such former sections were derived, have been incorporated in revised Title 17.

44_

45. 46. 47. 48_.

Mar. 4, 1909, ch. 320, § 40, 35 Stat. 1084. Mar. 4, 1909, ch. 320, § 41, 35 Stat. 1084. 42. --Mar. 4, 1909, ch. 320, § 42, 35 Stat. 1084. 43. Mar. 4, 1909, ch. 320, § 43, 35 Stat. 1084. Mar. 4, 1909, ch. 320, § 44, 35 Stat. 1084. Mar. 4, 1909, ch. 320, § 45, 35 Stat. 1085. .Mar. 4, 1909, ch. 320, § 46, 35 Stat. 1085. Mar. 4, 1909, ch. 320, § 47, 35 Stat. 1085. Mar. 4, 1909, ch. 320, § 48, 35 Stat. 1085. Mar. 4, 1923, ch. 265, § 1, 42 Stat. 1488 Mar. 4, 1909, ch. 320, § 49, 35 Stat. 1085. Mar. 4, 1909, ch. 320, § 50, 35 Stat. 1085. Mar. 4, 1909, ch. 320, § 51, 35 Stat. 1085. Mar. 4, 1909, ch. 320, § 52, 35 Stat. 1085. Mar. 4, 1909, ch. 320, § 53, 35 Stat. 1085.

116

27

28

29

30

31

32

201

202

203

204

205

206

207

5

54

55

Mar. 4, 1909, ch. 320, § 6, 35 Stat. 1077

Mar. 4, 1909, ch. 320, §§ 7, 64, 35 Stat. 1077, 1088_ 8----Mar. 4, 1909, ch. 320, § 8, 35 Stat. 1077-------

Dec. 18, 1919, ch. 11, 41 Stat. 369

Sept. 25, 1941, ch. 421, 55 Stat. 732 9____Mar. 4, 1909, ch. 320, § 9, 35 Stat. 1077

10. Mar. 4, 1909, ch. 320, § 10, 35 Stat. 1078_ 11. Mar. 4, 1909, ch. 320, § 11, 35 Stat. 1078__

14.

15.

Aug. 24, 1912, ch. 356, 37 Stat. 488 12__Mar. 4, 1909, ch. 320, § 12, 35 Stat. 1078______ Mar. 28, 1914, ch. 47, § 1, 38 Stat. 311 13. Mar. 4, 1909, ch. 320, § 13, 35 Stat. 1078--Mar. 4, 1909, ch. 320, § 14, 35 Stat. 1078_. Mar. 4, 1909, ch. 320, § 15, 35 Stat. 1078_. July 3, 1926, ch. 743, 44 Stat. 818

13

14

15

56 - Mar. 4, 1909, ch. 320, § 56, 35 Stat. 1086_ 57____Mar. 4, 1909, ch. 320, § 57, 35 Stat. 1086May 23, 1928, ch. 704, § 1, 45 Stat. 713 Mar. 4, 1909, ch. 320, § 58, 35 Stat. 1086_ Mar. 4, 1909, ch. 320, § 59, 35 Stat. 1087_ 60___Mar. 4, 1909, ch. 320, § 60, 35 Stat. 1087_ 61 Mar. 4, 1909, ch. 320, § 61, 35 Stat. 1087---. May 23, 1928, ch. 704, § 1, 45 Stat. 714 62__Mar. 4, 1909, ch, 320, § 62, 35 Stat. 1087---. 63 June 18, 1874, ch. 301, § 3, 18 Stat. 79_ 64-July 31, 1939, ch. 396, § 3, 53 Stat. 1142_ 65-July 31, 1939, ch. 396, § 4, 53 Stat. 1142.

210

211

212

213

214

215

26

6

6

25

Mar. 4, 1909, ch. 320, §§ 18, 64, 35 Stat. 1079, 1088

19 Mar. 4, 1909, ch. 320, § 19, 35 Stat. 1079_ 20____Mar. 4, 1909, ch. 320, § 20, 35 Stat. 1080_ 21____Mar. 4, 1909, ch. 320, § 21, 35 Stat. 1080Dec. 18, 1919, ch. 11, 41 Stat. 369 22__Mar. 4, 1909, ch. 320, § 22, 35 Stat. 108023 Mar. 4, 1909, ch. 320, § 23, 35 Stat. 1080_ Mar. 15, 1940, ch. 57, 54 Stat. 51

26-Mar. 4, 1909, ch. 320, § 26, 35 Stat. 108227-Mar. 4, 1909, ch. 320, § 27, 35 Stat. 1082_. .Mar. 4, 1909, ch. 320, § 28, 35 Stat. 108229_-_Mar. 4, 1909, ch. 320, § 29, 35 Stat. 1082_. Mar. 4, 1909, ch. 320, § 30, 35 Stat. 1082.Mar. 4, 1909, ch. 320, § 31, 35 Stat. 1082. .Mar. 4, 1909, ch. 320, § 32, 35 Stat. 1083. Mar. 4, 1909, ch. 320, § 33, 35 Stat. 1083. Apr. 11, 1940, ch. 81, 54 Stat. 106

102 103

104

105

106

107

108

109

This title has been made positive law by section 1 of act July 30, 1947, ch. 391, 61 Stat. 652, which provided in part that: "title 17 of the United States Code entitled 'Copyrights' is codified and enacted into positive law and may be cited as "Title 17, U. S. C., § —.' "

REPEALS

Section 2 of act July 30, 1947, ch. 391, 61 Stat. 652, repealed all sections or parts thereof of the Revised Statutes and Statutes at Large covering provisions codified in this title and provided that any rights or liabilities now existing under such repealed sections shall not be affected by such repeal.

REPEAL OF SECTION 63 OF THIS TITLE

Former section 63 of this title, act June 18, 1874, ch. 301, 3, 18 Stat. 79, related to registration of prints and labels, and was repealed by act Jan. 31, 1939, ch. 396, § 1, 53 Stat. 1142, eff. June 30, 1939. Present provisions are now covered by section 6 of this title.

CROSS REFERENCES

Exclusive jurisdiction of Federal courts over actions and proceedings under copyright laws, see section 1338 of Title 28, Judiciary and Judicial Procedure.

Power of the Congress to regulate copyrights, see Const., Art. I, § 8.

1949-Act June 3, 1949, ch. 171, § 5, 63 Stat. 154, amended analysis by inserting "or periodical" in item 22. § 1. Exclusive rights as to copyrighted works.

Any person entitled thereto, upon complying with the provisions of this title, shall have the exclusive right:

(a) To print, reprint, publish, copy, and vend the copyrighted work;

(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it be a literary work; to dramatize it if it be a nondramatic work; to convert it into a novel or other nondramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;

(c) To deliver, authorize the delivery of, read, or present the copyrighted work in public for profit if it be a lecture, sermon, address or similar production, or other nondramatic literary work; to make or procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, delivered, presented, produced, or reproduced; and to play or perform it in public for profit, and to exhibit, represent, produce, or reproduce it in any manner or by any method whatsoever. The damages for the infringement by broadcast of any work referred to in this subsection shall not exceed the

sum of $100 where the infringing broadcaster shows that he was not aware that he was infringing and that such infringement could not have been reasonably foreseen; and

(d) To perform or represent the copyrighted work publicly if it be a drama or, if it be a dramatic work and not reproduced in copies for sale, to vend any manuscript or any record whatsoever thereof; to make or to procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever; and

(e) To perform the copyrighted work publicly for profit if it be a musical composition; and for the purpose of public performance for profit, and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, That the provisions of this title, so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after July 1, 1909, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights. And as a condition of extending the copyright control to such mechanical reproductions, that whenever the owner of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce mechanically the musical work, any other person may make similar use of the copyrighted work upon the payment to the copyright proprietor of a royalty of 2 cents on each such part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if so the manufacturer shall furnish, a report under oath on the 20th day of each month on the number of parts of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royalties shall be due on the parts manufactured during any month upon the 20th of the next succeeding month. The payment of the royalty provided for by this section shall free the articles or devices for which such royalty has been paid from further contribution to the copyright except in case of public performance for profit. It shall be the duty of the copyright owner, if he uses the musical composition himself for the manufacture of parts of instruments serving to reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanied by a recording fee, in the copyright office, and any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright.

In case of failure of such manufacturer to pay to the copyright proprietor within thirty days after

demand in writing the full sum of royalties due at said rate at the date of such demand, the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this title, not exceeding three times such amount.

The reproduction or rendition of a musical composition by or upon coin-operated machines shall not be deemed a public performance for profit unless a fee is charged for admission to the place where such reproduction or rendition occurs. (July 30, 1947, ch. 391, 61 Stat. 652; July 17, 1952, ch. 923, § 1, 66 Stat. 752.)

AMENDMENTS

1952-Subsec. (c) amended by act July 17, 1952, to provide that all recordation rights in nondramatic literary works will be protected and this protection includes any subsequent recordation or copying of original works.

EFFECTIVE DATE OF 1952 AMENDMENT Amendment of subsec, (c) made effective Jan. 1, 1953, by section 2 of act July 17, 1952.

CROSS REFERENCES

Action for infringement of copyright, see section 101 of this title.

Ad interim protection of book or periodical published abroad, see section 22 of this title.

Assignment and bequests of copyright, see section 28 of this title.

Classification of works for registration, see section 5 of this title.

Common law rights not abrogated, see section 2 of this title.

Copyright as distinct from property in object copyrighted, see section 27 of this title.

Copyright not capital asset, see section 1221 (3) of Title 26, Internal Revenue Code.

Definitions

Author, see section 26 of this title.

Date of publication, see section 26 of this title. Duration, renewal and extension of copyright, see section 24 of this title.

Fee for recording notice of use, see section 215 of this title.

Form U-For notice of use of music on mechanical instruments, see Rules and Regulations § 202.3 (c), set out in Appendix to this title.

Government publications as not copyrightable, see section 58 of Title 44, Public Printing and Documents, and section 8 of this title.

Immoral and scandalous trade-marks, registrability, see section 1052 of Title 15, Commerce and Trade.

Nonperformance for profit of musical compositions, see section 104 of this title.

Power of Congress to grant authors exclusive right to their writings, see Const. Art. 1, § 8, cl. 8.

Proclamation by President granting foreign authors copyright protection, see section 9 of this title.

Rules and regulations for registration of claims to copyright, see section 207 of this title.

§2. Rights of author or proprietor of unpublished work.

Nothing in this title shall be construed to annul or limit the right of the author or proprietor of an unpublished work, at common law or in equity, to prevent the copying, publication, or use of such unpublished work without his consent, and to obtain damages therefor. (July 30, 1947, ch. 391, 61 Stat. 654.)

CROSS REFERENCES

Copyright of works not reproduced for sale, see section 12 of this title.

Jurisdiction of district courts of actions

Arising under copyright laws, see section 1338 of Title 28, Judiciary and Judicial Procedure.

Founded on diversity of citizenship, see section 1332 of Title 28, Judiciary and Judicial Procedure. Venue of action founded on diversity of citizenship Jurisdiction, see section 1391 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CIVIL PROCEDURE

Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure.

§3. Protection of component parts of work copyrighted; composite works or periodicals.

The copyright provided by this title shall protect all the copyrightable component parts of the work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the duration or scope of such copyright. The copyright upon composite works or periodicals shall give to the proprietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this title. (July 30, 1947, ch. 391, 61 Stat. 654; Oct. 31, 1951, ch. 655, § 16 (a), 65 Stat. 716.)

AMENDMENTS

1951-Act Oct. 31, 1951, amended first sentence by substituting "title" for "tile".

CROSS REFERENCES

Exclusive rights as to copyrighted works, see section 1 of this title.

Infringement of copyrighted works, see section 101 of this title.

§ 4. All writings of author included.

The works for which copyright may be secured under this title shall include all the writings of an author. (July 31, 1947, ch. 391, 61 Stat. 654.)

CROSS REFERENCES

Classification of works for registration, see section 5 of this title.

§ 5. Classification of works for registration.

The application for registration shall specify to which of the following classes the work in which copyright is claimed belongs:

(a) Books, including composite and cyclopedic works, directories, gazetteers, and other compilations.

(b) Periodicals, including newspapers.

(c) Lectures, sermons, addresses (prepared for oral delivery).

(d) Dramatic or dramatico-musical compositions. (e) Musical compositions.

(f) Maps.

(g) Works of art; models or designs for works of art.

(h) Reproductions of a work of art.

(i) Drawings or plastic works of a scientific or technical character.

(j) Photographs.

(k) Prints and pictorial illustrations including prints or labels used for articles of merchandise. (1) Motion-picture photoplays.

(m) Motion pictures other than photoplays. The above specifications shall not be held to limit the subject matter of copyright as defined in section 4 of this title, nor shall any error in classification invalidate or impair the copyright protection secured