Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

(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.

Section 909.  Mask work notice [4]

(a) The owner of a mask work provided protection under this chapter may affix notice to the mask work, and to masks and semiconductor chip products embodying the mask work, in such manner and location as to give reasonable notice of such protection.  The Register of Copyrights shall prescribe by regulation, as examples, specific methods of affixation and positions of notice for purposes of this section, but these specifications shall not be considered exhaustive.  The affixation of such notice is not a condition of protection under this chapter, but shall constitute prima facie evidence of notice of protection.

(b) The notice referred to in subsection (a) shall consist of-

(1) the words “mask work”, the symbol M, or the symbol [M in a circle] (the letter M in a circle); and

(2) the name of the owner or owners of the mask work or an abbreviation by which the name is recognized or is generally known.

Section 910.  Enforcement of exclusive rights [5]

(a) Except as otherwise provided in this chapter, any person who violates any of the exclusive rights of the owner of a mask work under this chapter, by conduct in or affecting commerce, shall be liable as an infringer of such rights.  As used in this subsection, the term “any person” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity.  Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.

(b)(1) The owner of a mask work protected under this chapter, or the exclusive licensee of all rights under this chapter with respect to the mask work, shall, after a certificate of registration of a claim of protection in that mask work has been issued under section 908, be entitled to institute a civil action for any infringement with respect to the mask work which is committed after the commencement of protection of the mask work under section 904(a).

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Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 from Project Gutenberg. Public domain.