17 USC 907
Limitation on exclusive rights: innocent infringement

Executive summary:

This document contains one section of the U.S. Copyright Act (found in Title 17 of the United States Code). This page was last updated in October 2005. All of the sections of the Copyright Act are listed on the Index page.

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§907. Limitation on exclusive rights: innocent infringement

(a)

Notwithstanding any other provision of this chapter [17 USC § §901 et seq.], an innocent purchaser of an infringing semiconductor chip product--

(1)

shall incur no liability under this chapter [17 USC § §901 et seq.] with respect to the importation or distribution of units of the infringing semiconductor chip product that occurs before the innocent purchaser has notice of protection with respect to the mask work embodied in the semiconductor chip product; and

(2)

shall be liable only for a reasonable royalty on each unit of the infringing semiconductor chip product that the innocent purchaser imports or distributes after having notice of protection with respect to the mask work embodied in the semiconductor chip product.

(b)

The amount of the royalty referred to in subsection (a)(2) shall be determined by the court in a civil action for infringement unless the parties resolve the issue by voluntary negotiation, mediation, or binding arbitration.

(c)

The immunity of an innocent purchaser from liability referred to in subsection (a)(1) and the limitation of remedies with respect to an innocent purchaser referred to in subsection (a)(2) shall extend to any person who directly or indirectly purchases an infringing semiconductor chip product from an innocent purchaser.

(d)

The provisions of subsections (a), (b), and (c) apply only with respect to those units of an infringing semiconductor chip product that an innocent purchaser purchased before having notice of protection with respect to the mask work embodied in the semiconductor chip product.