United States Code/Title 17/Chapter 5/Section 501: Difference between revisions

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{{header
{{header
| title=[[../../../|United States Code]]
| title = [[../../../|United States Code]]
⚫
| author = | override_author = the United States Government
| section=([[../../|Title 17]], [[../|Chapter 5]], § 501 Infringement of copyright)
| section = [[../../|Title 17]], [[../|Chapter 5]], § 501 Infringement of copyright
⚫
| author= | override_author=the United States Government
| previous=←[[../|Chapter 5 (contents)]]
| previous = ←[[../|Chapter 5 (contents)]]
| next=[[../Section 502|§ 502. Remedies for infringement: Injunctions]]→
| next = [[../Section 502|§ 502. Remedies for infringement: Injunctions]]→
| notes=From the [http://www.copyright.gov/ U.S. Copyright Office].<br/>Added by section&nbsp;101 of title&nbsp;I of the [[Copyright Act of 1976]] (Pub.&nbsp;L.&nbsp;94-553, Oct.&nbsp;19, 1976, 90&nbsp;Stat.&nbsp;2541), with effect from January&nbsp;1, 1978, as [[#Amendment history|amended]] by Public Laws 100-568, 100-667, 101-553, 101-650, 106-44, 106-113 and 107-273.
| notes = From the [http://www.copyright.gov/ U.S. Copyright Office].: Added by section&nbsp;101 of title&nbsp;I of the [[Copyright Act of 1976]] (Pub.&nbsp;L.&nbsp;94-553, Oct.&nbsp;19, 1976, 90&nbsp;Stat.&nbsp;2541), with effect from January&nbsp;1, 1978, as [[#Amendment history|amended]] by Public Laws 100-568, 100-667, 101-553, 101-650, 106-44, 106-113 and 107-273.
}}
}}


<div style="text-align: center; font-weight: bold;">§ 501&mdash;Infringement of copyright</div>
<div style="text-align: center; font-weight: bold;">§ 501&mdash;Infringement of copyright</div>


{{div|(a)}}(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections&nbsp;[[../../Chapter 1/Section 106|106]] through [[../../Chapter 1/Section 122|122]] or of the author as provided in [[../../Chapter 1/Section 106A|section&nbsp;106A(a)]], or who imports copies or phonorecords into the United States in violation of {{USCX|17|6|602|section&nbsp;602}}, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than [[../Sections 506 and 507|section&nbsp;506]]), any reference to copyright shall be deemed to include the rights conferred by [[../../Chapter 1/Section 106A|section&nbsp;106A(a)]]. As used in this subsection, the term "anyone" 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 title in the same manner and to the same extent as any nongovernmental entity.
(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by
sections&nbsp;[[../../Chapter 1/Section 106|106]] through [[../../Chapter 1/Section 122|122]] or of the author as provided
in [[../../Chapter 1/Section 106A|section&nbsp;106A(a)]], or who imports copies or phonorecords into the United States in
violation of {{USC|17|602|section&nbsp;602}}, is an infringer of the copyright or right of the author, as
the case may be. For purposes of this chapter (other than [[../Sections 506 and 507|section&nbsp;506]]), any reference to
copyright shall be deemed to include the rights conferred by [[../../Chapter 1/Section 106A|section&nbsp;106A(a)]]. As used
in this subsection, the term "anyone" 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 title in the same manner and to the same extent as any
nongovernmental entity.


{{div|(b)}}(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of {{USCX|17|4|411|section 411}}, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.
(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of
{{USC|17|411|section 411}}, to institute an action for any infringement of that particular right committed
while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of
the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in
the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a
decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming
an interest in the copyright.


(c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable
{{div|(c)}}(c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection&nbsp;(c) of [[../../Chapter 1/Section 111|section&nbsp;111]], a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection&nbsp;(b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station.
as an act of infringement under subsection&nbsp;(c) of [[../../Chapter 1/Section 111|section&nbsp;111]], a television
broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for
purposes of subsection&nbsp;(b) of this section, be treated as a legal or beneficial owner if such secondary transmission
occurs within the local service area of that television station.


(d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to
{{div|(d)}}(d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to [[../../Chapter 1/Section 111|section&nbsp;111(c)(3)]], the following shall also have standing to sue:
⚫
:{{div|(d)(i)}}(i) the primary transmitter whose transmission has been altered by the cable system; and
[[../../Chapter 1/Section 111|section&nbsp;111(c)(3)]], the following shall also have standing to sue:
⚫
:{{div|(d)(ii)}}(ii) any broadcast station within whose local service area the secondary transmission occurs.
⚫
:(i) the primary transmitter whose transmission has been altered by the cable system; and
⚫
:(ii) any broadcast station within whose local service area the secondary transmission occurs.


(e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work
{{div|(e)}}(e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under [[../../Chapter 1/Section 119|section&nbsp;119(a)(5)]], a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection&nbsp;(b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.
embodied in a primary transmission and is actionable as an act of infringement under
[[../../Chapter 1/Section 119|section&nbsp;119(a)(5)]], a network station holding a copyright or other license to transmit
or perform the same version of that work shall, for purposes of subsection&nbsp;(b) of this section, be treated as a legal
or beneficial owner if such secondary transmission occurs within the local service area of that station.


(f)(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work
{{div|(f)}}(f){{div|(f)(1)}}(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under [[../../Chapter 1/Section 122|section 122]], a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection&nbsp;(b) of this section, be treated as a legal
embodied in a primary transmission and is actionable as an act of infringement under
[[../../Chapter 1/Section 122|section 122]], a television broadcast station holding a copyright or other license to transmit
or perform the same version of that work shall, for purposes of subsection&nbsp;(b) of this section, be treated as a legal
or beneficial owner if such secondary transmission occurs within the local market of that station.
or beneficial owner if such secondary transmission occurs within the local market of that station.
:(2) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under [[../../Chapter 1/Section 122|section&nbsp;122(a)(2)]], to enforce that television broadcast station's rights under section&nbsp;338(a) of the Communications Act of 1934.
:{{div|(f)(2)}}(2) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under [[../../Chapter 1/Section 122|section&nbsp;122(a)(2)]], to enforce that television broadcast station's rights under section&nbsp;338(a) of the [[Communications Act of 1934]].


== Amendment history ==
== Amendment history ==
Section 501 was added by §&nbsp;101 of title&nbsp;I of the [[Copyright Act of 1976]] (Pub.&nbsp;L.&nbsp;94-553,
Section 501 was added by §&nbsp;101 of title&nbsp;I of the [[Copyright Act of 1976]] ([[Public Law 94-553|Pub.&nbsp;L.&nbsp;94-553]], Oct.&nbsp;19, 1976, 90&nbsp;Stat.&nbsp;2541), with effect from January&nbsp;1, 1978.
Oct.&nbsp;19, 1976, 90&nbsp;Stat.&nbsp;2541), with effect from January&nbsp;1, 1978.


=== [[Berne Convention Implementation Act of 1988]] ===
=== [[Berne Convention Implementation Act of 1988]] ===
Pub.&nbsp;L.&nbsp;100-568, Oct.&nbsp;31, 1988, 102&nbsp;Stat.&nbsp;2853
[[Public Law 100-568|Pub.&nbsp;L.&nbsp;100-568]], Oct.&nbsp;31, 1988, 102&nbsp;Stat.&nbsp;2853
*Amended subsection&nbsp;(b) by substituting "section&nbsp;411" for "sections&nbsp;205(d) and 411", with effect from March&nbsp;1, 1989.
*Amended subsection&nbsp;(b) by substituting "section&nbsp;411" for "sections&nbsp;205(d) and 411", with effect from March&nbsp;1, 1989.


=== Satellite Home Viewer Act of 1988 ===
=== [[Satellite Home Viewer Act of 1988]] ===
Pub.&nbsp;L.&nbsp;100-667, Nov.&nbsp;16, 1988, 102&nbsp;Stat.&nbsp;3935.
[[Public Law 100-667|Pub.&nbsp;L.&nbsp;100-667]], Nov.&nbsp;16, 1988, 102&nbsp;Stat.&nbsp;3935.
*Added subsection&nbsp;(e).
*Added subsection&nbsp;(e).


=== Copyright Remedy Clarification Act ===
=== [[Copyright Remedy Clarification Act]] ===
Pub.&nbsp;L.&nbsp;101-553, Nov.&nbsp;15, 1990, 104&nbsp;Stat.&nbsp;2749.
[[Public Law 101-553|Pub.&nbsp;L.&nbsp;101-553]], Nov.&nbsp;15, 1990, 104&nbsp;Stat.&nbsp;2749.
*Amended subsection&nbsp;(a) by adding the last two sentences.
*Amended subsection&nbsp;(a) by adding the last two sentences.


=== Visual Artists Rights Act of 1990 ===
=== [[Visual Artists Rights Act of 1990]] ===
Pub.&nbsp;L.&nbsp;101-650, Dec.&nbsp;1, 1990, 104&nbsp;Stat.&nbsp;5089.
[[Public Law 101-650|Pub.&nbsp;L.&nbsp;101-650]], Dec.&nbsp;1, 1990, 104&nbsp;Stat.&nbsp;5089.
*Amended subsection&nbsp;(a) by adding "or of the author as provided in section&nbsp;106A(a)" after "118" and by substituting "copyright or right of the author, as the case may be. For purposes of this chapter (other than section&nbsp;506), any reference to copyright shall be deemed to include the rights conferred by section&nbsp;106A(a)." for "copyright."
*Amended subsection&nbsp;(a) by adding "or of the author as provided in section&nbsp;106A(a)" after "118" and by substituting "copyright or right of the author, as the case may be. For purposes of this chapter (other than section&nbsp;506), any reference to copyright shall be deemed to include the rights conferred by section&nbsp;106A(a)." for "copyright."


Line 78: Line 50:


=== [[Satellite Home Viewer Improvement Act of 1999]] ===
=== [[Satellite Home Viewer Improvement Act of 1999]] ===
Pub.&nbsp;L.&nbsp;106-113, Nov.&nbsp;29, 1999, 113&nbsp;Stat.&nbsp;1501, app.&nbsp;I.
[[Public Law 106-113|Pub.&nbsp;L.&nbsp;106-113]], Nov.&nbsp;29, 1999, 113&nbsp;Stat.&nbsp;1501, app.&nbsp;I.
*Amended subsection&nbsp;(e) by substituting "performance or display of a work embodied in a primary transmission" for "primary transmission embodying the performance or display of a work".
*Amended subsection&nbsp;(e) by substituting "performance or display of a work embodied in a primary transmission" for "primary transmission embodying the performance or display of a work".
*Added subsection&nbsp;(f), with effect from July&nbsp;1, 1999.
*Added subsection&nbsp;(f), with effect from July&nbsp;1, 1999.


=== [[Intellectual Property and High Technology Technical Amendments Act of 2002]] ===
=== [[Intellectual Property and High Technology Technical Amendments Act of 2002]] ===
Pub.&nbsp;L.&nbsp;107-273, Nov.&nbsp;2, 2002, 116&nbsp;Stat.&nbsp;1758.
[[Public Law 107-273|Pub.&nbsp;L.&nbsp;107-273]], Nov.&nbsp;2, 2002, 116&nbsp;Stat.&nbsp;1758.
*Amended subsection&nbsp;(a) by substituting "106 through 122" for "106 through 121".
*Amended subsection&nbsp;(a) by substituting “106 through 122” for “106 through 121”.



[[Category:United States Code, Title 17]]
[[vi:Luật Quyền tác giả Hợp chúng quốc Hoa Kỳ/Chương 5/Điều 501]]

Latest revision as of 16:10, 3 June 2024

←
←Chapter 5 (contents)
United States Code
the United States Government
Title 17, Chapter 5, § 501 Infringement of copyright
§ 502. Remedies for infringement: Injunctions→
→
75591United States Code — Title 17, Chapter 5, § 501 Infringement of copyrightthe United States Government
§ 501—Infringement of copyright

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term "anyone" 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 title in the same manner and to the same extent as any nongovernmental entity.

(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.

(c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station.

(d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111(c)(3), the following shall also have standing to sue:

(i) the primary transmitter whose transmission has been altered by the cable system; and
(ii) any broadcast station within whose local service area the secondary transmission occurs.

(e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119(a)(5), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.

(f)(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station.

(2) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that television broadcast station's rights under section 338(a) of the Communications Act of 1934.

Amendment history

[edit]

Section 501 was added by § 101 of title I of the Copyright Act of 1976 (Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2541), with effect from January 1, 1978.

Berne Convention Implementation Act of 1988

[edit]

Pub. L. 100-568, Oct. 31, 1988, 102 Stat. 2853

  • Amended subsection (b) by substituting "section 411" for "sections 205(d) and 411", with effect from March 1, 1989.

Satellite Home Viewer Act of 1988

[edit]

Pub. L. 100-667, Nov. 16, 1988, 102 Stat. 3935.

  • Added subsection (e).
[edit]

Pub. L. 101-553, Nov. 15, 1990, 104 Stat. 2749.

  • Amended subsection (a) by adding the last two sentences.

Visual Artists Rights Act of 1990

[edit]

Pub. L. 101-650, Dec. 1, 1990, 104 Stat. 5089.

  • Amended subsection (a) by adding "or of the author as provided in section 106A(a)" after "118" and by substituting "copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a)." for "copyright."

Public Law 106-44

[edit]

Aug. 5, 1999, 113 Stat. 221.

  • Amended subsection (a) by substituting "121" for "118" in the first sentence.

Satellite Home Viewer Improvement Act of 1999

[edit]

Pub. L. 106-113, Nov. 29, 1999, 113 Stat. 1501, app. I.

  • Amended subsection (e) by substituting "performance or display of a work embodied in a primary transmission" for "primary transmission embodying the performance or display of a work".
  • Added subsection (f), with effect from July 1, 1999.

Intellectual Property and High Technology Technical Amendments Act of 2002

[edit]

Pub. L. 107-273, Nov. 2, 2002, 116 Stat. 1758.

  • Amended subsection (a) by substituting “106 through 122” for “106 through 121”.
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