Et: (Print reflects changes proposed by the Subcommittee) (to 11/9/83) CONGRESS 1st Session Beenacres av the Senate and House of Representa:lves, : Man AE SER na America An Consmess assembles. That 4 Sec. . Section 121 of Atle 17 of the United States Cɔse 13 amenced by 20cing at the end thereof the following: 18 19 21 222 23 24 25 26 2 2 2 2 2 27 28 29 semiconductor material in accordance with a (2) intended to perform electronic circuitry functions; and ** (2) that is a writing er-e-discovery, or the Danufacture, use, or distribution of which is in or affects commerce. `` `bask work' is a series of related images,. however fixes or enccdes- ** (1) having the predetermined, three-dimersional pattern of metallic, insulating, or semicondueter material present or removed from the layers of a semiconductor chip product; and ** (2) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chit product. ``A 'Bask ́ is a substantially Ewc-dimensional sheet, partially transparent and partially opaque sheet IS preselected radiation, à Back embodies a mask work if the pattern of transparent and cpaque portions of the mask is substantially similar to the pattern of one of the images of the mask work. Masks and mask works shall not be Ceemed pictorial, graphic, cr sculptural works. The copyright in a mesh-or desk work shali net neither extend to not affect, limit, & deraik any copvelght in any other work of authorship embodied therein or in a semiconqueter chip product. ``ks-used-±n the provisions of sections 139 (a), 421, 32 485, 186, 581 (A), 583, 586, 529, and 672 of this title, applicable to copies of a work shall apply also to 31 32 23 semiconductor ship products 'copy--bnetudes-e-senicenducter ship-product-the-19-subgeet-to-the-exclusive-pichts 179818.472 S.2.c. SUBJECT BATTER OF CCPY3ICK? Sec. 3. Section 102 (a) of title 17 of the United States Code is amenced- (1) by adding after paragraph (5) the following: **(6) mask works;''; and (2) by redesignating paragraphs (6) and (7) as EXCLUSIVE RIGHTS Sec.. Section 106 of title 17 of the United States Cɔge is amended- (1) by striking out '' and '' at the end of paragraph (2) by striking out the period at the end of paragraph (5) and inserting ''; and ́ ́ in lieu thereof; 36 (3) acting at the end thereof the following: (6) in the case c! mask works, caly abe fellari (c) to ese-e-Bear-endocytne pobody 20 LIZAR K the mask work to make in a semiconductor chip product: **(D) in the manufacture of a semiconductor chip product, substantially to reproduce, by optical, electronic, or other means, images 2 image of the Bask work on material intended to be part of the semiconductor ship product; anc **(I) to distribute or-use a semiconductor chip product made as described in subparagraph (C) or (D) of this paragraph. ́ ́. LIMITATION ON EXCLUSIVE RIGHTS AS TO ASKS Sec. 5. (a) Chapter 1 of title 17 of the United States 179818.472 S.L.C. 1 Code is amended by adding at the end the following: 2 3 5 ``S 119. Scope of exclusive rights: Eomprèsory-teensing Bight of reverse engineering with respect to mask works (a) In the case of mask works, the exclusive rights 5 provided by section 186 are subject to compulsory-iicensing a 1b-she-owner-of-e-copyright-on-e-mask-work-shali-be required-to-grant-a-compuisory-teense-under-the-copy-tehty to-any-applicant-therefory-subject-to-alà-of-the-foììoving 12 terms-and-conditions,-and-all-of-the-fożżowing-circumstances: 13 10 15 16 11649-Ehe-eppi±cent-hes-purchased-e-semiconductor ehtp-product-made-or-distributed-in-violation-of-the ownemfg-exclusive-rights-under-section-4867 11429-when-che-eppiteent-first-purchased-guch 17 18 19 22 21 semiconductor-chip-product-thereinafter-in-this-section referred-to-es-the--infringing-proetet+7-the-appiteant did-net-have-aetuaż-knowżedge-that-pr-zeesonebie-grounds to-believe-that-the-infringing-product-wes-an-infringing produer-thereinefter-in-this-section-referred-to-es infringement,-conn±eted-substantial-funds-to-the-use-sf. the-infringing-products-the-applicant-would-suffer substantiel-out-of-pocket-losses-fother-than-the 27 28 29 38 31 32 33 34 difference-in-price-between-the-inizinging-product-and-a noninfringing-product+-+-dented-che-use-of-the infringing-products-and-it-would-be-inequitable-±n-the circumstances-net-to-perate-the-applicant-to-continue-the ese-or-preposed-use-of-the-infringing-producty 114*+-She-applicant-offers-subject-to-the appiicentdo-rights7-16-any7-under-section-584-te)-96-chts tittey-to-pay-the-copyright-owner-e-reasonabże-royalty iniringing-product-distributed-er-used-by-the-appitzene after-having-nottee-et-infringementy 11464-Phe-żżcense-shażż-be-one-të-mese-ene-have-naes +bue-onży-14-che-copyright-owner-and-che-owner's teensees-14-any--are-unabże-co-supply-che-app±±cane-se a-reasonable-pricet, usev-and-distribute-che-infrineine producty-for-substantiażży-che-same-purposes-that-gave throuçheet-the-United-States7-for-the-è£fe-of-the anaceats on teapalawes embodied in the past on semAGROGWEREK COLE accuany of the CAGEMAR schemarin, LOGAR SEM K (b) The chapter analysis for chapter 1 of title 17 is 119. Scope of exclusive rights: forpuisery-èteensine PArhi reverse engineering with respect to best 24 DURATION OF COPYRIGHT Sec. 6. Section 382 of title 17 of the United States Code is amended by adding at the end thereof the following: (E) Jasks.--Copyright in bask works endures for a term of ten years from the parliest of first authorized **(1) distribution; **(2) use in a commercial product: or |