17 USC 913
Transitional provisions

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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§913. Transitional provisions

(a)

No application for registration under section 908 [17 USC 908] may be filed, and no civil action under section 910 [17 USC 910] or other enforcement proceeding under this chapter [17 USC § §901 et seq.] may be instituted, until sixty days after the date of the enactment of this chapter [Nov. 8, 1984].

(b)

No monetary relief under section 911 [17 USC 911] may be granted with respect to any conduct that occurred before the date of the enactment of this chapter [Nov. 8, 1984], except as provided in subsection (d).

(c)

Subject to subsection (a), the provisions of this chapter [17 USC § §901 et seq.] apply to all mask works that are first commercially exploited or are registered under this chapter [17 USC § §901 et seq.], or both, on or after the date of the enactment of this chapter [Nov. 8, 1984].

(d)

(1)

Subject to subsection (a), protection is available under this chapter [17 USC § §901 et seq.] to any mask work that was first commercially exploited on or after July 1, 1983, and before the date of the enactment of this chapter [Nov. 8, 1984], if a claim of protection in the mask work is registered in the Copyright Office before July 1, 1985, under section 908 [17 USC 908].

(2)

In the case of any mask work described in paragraph (1) that is provided protection under this chapter [17 USC § §901 et seq.], infringing semiconductor chip product units manufactured before the date of the enactment of this chapter [Nov. 8, 1984] may, without liability under sections 910 and 911 [17 USC § §910 and 911], be imported into or distributed in the United States, or both, until two years after the date of registration of the mask work under section 908 [17 USC 908], but only if the importer or distributor, as the case may be, first pays or offers to pay the reasonable royalty referred to in section 907(a)(2) [17 USC 907(a)(2)] to the mask work owner, on all such units imported or distributed, or both, after the date of the enactment of this chapter [Nov. 8, 1984].

(3)

In the event that a person imports or distributes infringing semiconductor chip product units described in paragraph (2) of this subsection without first paying or offering to pay the reasonable royalty specified in such paragraph, or if the person refuses or fails to make such payment, the mask work owner shall be entitled to the relief provided in sections 910 and 911 [17 USC § §910 and 911].