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COPYRIGHT ACT
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Copyright Act
« 17 USC Sec. 907 | Index | 17 USC Sec. 909 »
17 USC Sec. 908 - Registration of claims of protection
(a) 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 shall terminate
if application for registration of a claim of protection in the
mask work is not made as provided in this chapter within two years
after the date on which the mask work is first commercially
exploited anywhere in the world.
(b) The Register of Copyrights shall be responsible for all
administrative functions and duties under this chapter. Except for
section 708, the provisions of chapter 7 of this title relating to
the general responsibilities, organization, regulatory authority,
actions, records, and publications of the Copyright Office shall
apply to this chapter, except that the Register of Copyrights may
make such changes as may be necessary in applying those provisions
to this chapter.
(c) 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, 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.
(d) 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 or the rights under
this chapter, 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.
(e) If the Register of Copyrights, after examining an application
for registration, determines, in accordance with the provisions of
this chapter, that the application relates to a mask work which is
entitled to protection under this chapter, 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.
(f) In any action for infringement under this chapter, 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, and the regulations issued under this chapter,
with respect to the registration of claims.
(g) 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 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),
except that, upon a showing of good cause, the district court may
shorten such four-month period.
-SOURCE-
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
3351.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 902, 903, 904, 910, 912,
913 of this title.
« 17 USC Sec. 907 | Index | 17 USC Sec. 909 »
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