17 USC 908
Registration of claims of protection
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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§908. Registration of claims of protection
The owner of a mask work may apply to the Register of Copyrights for registration of a claim of protection in a mask work. Protection of a mask work under this chapter [17 USC § §901 et seq.] shall terminate if application for registration of a claim of protection in the mask work is not made as provided in this chapter [17 USC § §901 et seq.] within two years after the date on which the mask work is first commercially exploited anywhere in the world.
The Register of Copyrights shall be responsible for all administrative functions and duties under this chapter [17 USC § §901 et seq.]. Except for section 708 [17 USC 708
], the provisions of chapter 7 of this title [17 USC § §701 et seq.] relating to the general responsibilities, organization, regulatory authority, actions, records, and publications of the Copyright Office shall apply to this chapter [17 USC § §901 et seq.], except that the Register of Copyrights may make such changes as may be necessary in applying those provisions to this chapter [17 USC § §901 et seq.].
The application for registration of a mask work shall be made on a form prescribed by the Register of Copyrights. Such form may require any information regarded by the Register as bearing upon the preparation or identification of the mask work, the existence or duration of protection of the mask work under this chapter [17 USC § §901 et seq.], or ownership of the mask work. The application shall be accompanied by the fee set pursuant to subsection (d) and the identifying material specified pursuant to such subsection.
The Register of Copyrights shall by regulation set reasonable fees for the filing of applications to register claims of protection in mask works under this chapter, and for other services relating to the administration of this chapter [17 USC § §901 et seq.] or the rights under this chapter [17 USC § §901 et seq.], taking into consideration the cost of providing those services, the benefits of a public record, and statutory fee schedules under this title. The Register shall also specify the identifying material to be deposited in connection with the claim for registration.
If the Register of Copyrights, after examining an application for registration, determines, in accordance with the provisions of this chapter [17 USC § §901 et seq.], that the application relates to a mask work which is entitled to protection under this chapter [17 USC § §901 et seq.], then the Register shall register the claim of protection and issue to the applicant a certificate of registration of the claim of protection under the seal of the Copyright Office. The effective date of registration of a claim of protection shall be the date on which an application, deposit of identifying material, and fee, which are determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registration of the claim, have all been received in the Copyright Office.
In any action for infringement under this chapter [17 USC § §901 et seq.], the certificate of registration of a mask work shall constitute prima facie evidence (1) of the facts stated in the certificate, and (2) that the applicant issued the certificate has met the requirements of this chapter [17 USC § §901 et seq.], and the regulations issued under this chapter [17 USC § §901 et seq.], with respect to the registration of claims.
Any applicant for registration under this section who is dissatisfied with the refusal of the Register of Copyrights to issue a certificate of registration under this section may seek judicial review of that refusal by bringing an action for such review in an appropriate United States district court not later than sixty days after the refusal. The provisions of chapter 7 of title 5 [5 USC § §701 et seq.] shall apply to such judicial review. The failure of the Register of Copyrights to issue a certificate of registration within four months after an application for registration is filed shall be deemed to be a refusal to issue a certificate of registration for purposes of this subsection and section 910(b)(2) [17 USC 910(b)(2)
], except that, upon a showing of good cause, the district court may shorten such four-month period.