I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/14/93 at 03:48:18. Database: USCODE Search: (17:CITE) ------DocID 23681 Document 1 of 182------ -CITE- 17 USC TITLE 17 -EXPCITE- TITLE 17 -HEAD- TITLE 17 - COPYRIGHTS -MISC1- THIS TITLE WAS ENACTED BY ACT JULY 30, 1947, CH. 391, 61 STAT. 652, AND WAS REVISED IN ITS ENTIRETY BY PUB. L. 94-553, TITLE I, SEC. 101, OCT. 19, 1976, 90 STAT. 2541 Chap. Sec. 1. Subject Matter and Scope of Copyright 101 2. Copyright Ownership and Transfer 201 3. Duration of Copyright 301 4. Copyright Notice, Deposit, and Registration 401 5. Copyright Infringement and Remedies 501 6. Manufacturing Requirement (FOOTNOTE 1) and Importation 601 (FOOTNOTE 1) So in original. Does not conform to chapter heading. 7. Copyright Office 701 8. Copyright Royalty Tribunal 801 9. Protection of semiconductor chip products (FOOTNOTE 2) 901 (FOOTNOTE 2) So in original. Probably should be capitalized. AMENDMENTS 1984 - Pub. L. 98-620, title III, Sec. 303, Nov. 8, 1984, 98 Stat. 3356, added item relating to chapter 9. Table I This Table lists the sections of former Title 17, Copyrights, and red similar and related subject matter. --------------------------------------------------------------------- Title 17 Former Sections Title 17 1947 Revision Sections --------------------------------------------------------------------- 1 1 2 2 3 3 4 4 5 5 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 Rep. 25 101 26 102 27 103 28 104 29 105 30 106 31 107 32 108 33 109 34 110 35 111 36 112 37 113 38 114 39 115 40 116 41 27 42 28 43 29 44 30 45 31 46 32 47 201 48 202 49 203 50 204 51 205 52 206 53 207 54 208 55 209 56 210 57 211 58 212 59 213 60 214 61 215 62 26 63 6 64 6 65 25 ------------------------------- Table II This Table lists the sections of former Title 17, Copyrights, and r similar and related subject matter. --------------------------------------------------------------------- Title 17 1947 Revision Sections Title 17 New Sections --------------------------------------------------------------------- 1 106, 116 2 301 3 102, 103 4 102 5 102 6 102 7 103 8 104, 105, 303 9 104 10 401 11 410 12 408 13 407, 411 14 407 15 407 16 601 17 407 18 407, 506 19 401 20 401, 402 21 405 22 601 23 601 24 203, 301 et seq. 25 301 et seq. 26 101 27 109, 202 28 201, 204 29 204 30 205 31 205 32 201 101 412, 501-504 102 Rep. See T. 28 Sec. 1338 103 Rep. See F.R. Civ. Proc. 104 110, 506 105 506 106 602 107 602 108 603 109 603 110 Rep. See T. 28 Sec. 1338 111 Rep. See T. 28 Sec. 1400 112 502 113 502 114 502 115 507 116 505 201 701(a) 202 701(a) 203 708(c) 204 Rep. 205 701(c) 206 701(b) 207 702 208 705 209 407, 410 210 707 211 707 212 705 213 704 214 704 215 708(a), (b) 216 703 ------------------------------- PRIOR PROVISIONS Title 17, as enacted by act July 30, 1947, ch. 391, 61 Stat. 652, consisting of sections 1 to 32, 101 to 116, and 201 to 216, as amended through 1976, and section 203, as amended by Pub. L. 95-94, title IV, Sec. 406(a), Aug. 5, 1977, 91 Stat. 682, terminated Jan. 1, 1978. EFFECTIVE DATE Section 102 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2598, provided that: 'This Act (enacting this title and section 170 of Title 2, The Congress, amending section 131 of Title 2, section 290e of Title 15, Commerce and Trade, section 2318 of Title 18, Crimes and Criminal Procedure, section 543 of Title 26, Internal Revenue Code, section 1498 of Title 28, Judiciary and Judicial Procedure, sections 3203 and 3206 of Title 39, Postal Service, and sections 505 and 2117 of Title 44, Public Printing and Documents, and enacting provisions set out as notes below and under sections 104, 115, 304, 401, 407, 410, and 501 of this title) becomes effective on January 1, 1978, except as otherwise expressly provided by this Act, including provisions of the first section of this Act. The provisions of sections 118, 304(b), and chapter 8 of title 17, as amended by the first section of this Act, take effect upon enactment of this Act (Oct. 19, 1976).' SEPARABILITY Section 115 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2602, provided that: 'If any provision of title 17 (this title), as amended by the first section of this Act, is declared unconstitutional, the validity of the remainder of this title is not affected.' AUTHORIZATION OF APPROPRIATIONS Section 114 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2602, provided that: 'There are hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act (this title).' LOST AND EXPIRED COPYRIGHTS; RECORDING RIGHTS Section 103 of Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2599, provided that: 'This Act (enacting this title) does not provide copyright protection for any work that goes into the public domain before January 1, 1978. The exclusive rights, as provided by section 106 of title 17 as amended by the first section of this Act, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1, 1909.' -CROSS- CROSS REFERENCES Exclusive jurisdiction of Federal courts over actions and proceedings under copyright laws, see section 1338 of Title 28, Judiciary and Judicial Procedure. Power of the Congress to regulate copyrights, see Const., Art. I, Sec. 8, cl. 8. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 11 section 101; title 18 section 2319; title 19 section 1337; title 20 sections 1125a, 2992; title 26 section 543; title 47 sections 542, 544, 605. ------DocID 7781 Document 2 of 182------ -CITE- 3 USC Sec. 17 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 17. Same; limit of debate in each House -STATUTE- When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 676.) ------DocID 8970 Document 3 of 182------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 17 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 17 OF 1950 -MISC1- EFF. MAY 24, 1950, 15 F.R. 3177, 64 STAT. 1269 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). PUBLIC WORKS ADVANCE PLANNING AND OTHER FUNCTIONS SECTION 1. TRANSFER OF FUNCTIONS Except as otherwise provided in section 2 of this reorganization plan, there are hereby transferred to the Housing and Home Finance Administrator all functions of the Administrator of General Services under, (1) the Act of October 13, 1949, entitled 'An Act to provide for the advance planning of non-Federal public works (40 U.S.C. 451 et seq.),' (2) title V of the War Mobilization and Reconversion Act of 1944, 58 Stat. 791, as amended (50 App. U.S.C. 1671), and (3) title II of the Act of October 14, 1940, entitled 'An Act to expedite the provision of housing in connection with national defense, and for other purposes,' as amended (42 U.S.C. 1531-1535), together with so much of any other function of the Administrator of General Services or of the General Services Administration as is incidental to or necessary for the carrying out of the foregoing provisions of law. SEC. 2. FUNCTIONS EXCEPTED FROM TRANSFER There are hereby excluded from the transfer effected by the provisions of section 1 of this reorganization plan functions with respect to the holding, management, and disposition of securities received prior to the effective date of this reorganization plan by the General Services Administration or its predecessor agency by reason of the disposal of property constructed or otherwise acquired under the provisions of said Title II (42 U.S.C. 1531-1535), and functions with respect to litigation, and the liquidation of claims, arising out of the acquisition of land or the construction of facilities under the provisions of said Title II. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS The Housing and Home Finance Administrator may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Housing and Home Finance Agency of any function transferred to such Administrator by the provisions of this reorganization plan. SEC. 4. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS There are hereby transferred to the Housing and Home Finance Agency, to be used, employed, and expended in connection with the functions transferred by the provisions of this reorganization plan, the records and property now being used or held in connection with such functions, the personnel employed in connection with such functions, and the unexpended balances of appropriations, allocations, and other funds available or to be made available for use in connection with such functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate. (Housing and Home Finance Agency lapsed and functions were transferred to Secretary of Housing and Urban Development, see section 9(c) of Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 670, set out as a note under 42 U.S.C. 3531.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 17 of 1950, prepared in accordance with the Reorganization Act of 1949. The plan transfers the functions of the General Services Administration relating to the advance planning of non-Federal public works and the management and disposal of certain war public works to the Housing and Home Finance Agency. My reasons for transmitting this plan are stated in an accompanying general message. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 17 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. The first of the transfers provided for by this plan will result in the more economical administration of those activities of the Federal Government which are concerned with the over-all planning and development of communities. The concentration of responsibility in a single agency will make it possible to so integrate administration as to avoid duplication of technical staffs and to simplify relationships with State and local agencies. Moreover, by reducing the likelihood that the two programs involved will be administered at cross-purposes or in conflict with each other, it can be expected that the money expended will achieve greater benefits than would be likely under the present distribution of responsibility. It is not, however, possible to itemize the reduction in expenditures which will result, chiefly because both programs are of recent origin and are still undergoing expansion. The transfer of the war public works functions will lead to modest savings by consolidating the responsibility for the management and disposal of all properties built or acquired under the Lanham Act of 1940, as amended, in the Agency which already has the greater part of the total job. The fact that it will become possible to manage and dispose of public facilities serving emergency housing developments without the interagency negotiation which is now necessary will lead to economies, although they cannot be itemized or predicted with exactness. Harry S. Truman. The White House, March 13, 1950. ------DocID 9101 Document 4 of 182------ -CITE- 7 USC Sec. 17 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 17. Separability -STATUTE- If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 10, 42 Stat. 1003.) ------DocID 9506 Document 5 of 182------ -CITE- 7 USC CHAPTER 17 -EXPCITE- TITLE 7 CHAPTER 17 -HEAD- CHAPTER 17 - MISCELLANEOUS MATTERS -MISC1- Sec. 411. Omitted. 411a. Repealed. 411b. Estimates of apple production. 412-414. Transferred or Repealed. 414a. Transfer of nonadministrative funds of Commodity Credit Corporation for classing and grading purposes. 415. Purchase of seeds and plants for distribution. 415a. Omitted. 415b. Wool standards; appropriation of certain funds. 415c. Use of funds for dissemination of information relating to standardization, grading, etc., of wool; charge for grading wool. 415d. Rules and regulations for wool standards; deposit of receipts in the Treasury. 415e. Farm or food products; sale of samples, practical forms, etc. 416. Letting contract for packeting, etc., of seeds, etc., for distribution. 417. Distribution of farmers' bulletins. 418. Annual report on work of agricultural experiment stations and of college extension work; publication and distribution. 419. Repealed. 420. Power to administer oaths, examine witnesses, or require production of books, etc. 421. Dairying and livestock experiment station, Mandan, North Dakota. 421a. Omitted. 422. Dairying and livestock experiment station, Lewisburg, Tennessee. 422a. Omitted. 423. Cotton; investigation of new uses; cooperation with State and other agencies. 424. Cotton ginning investigations; publication of results; cooperation with Federal and State departments and agencies. 425. Authorization of appropriations for cotton ginning studies. 426. Predatory and other wild animals; eradication and control; investigations, experiments, and tests by Secretary of Agriculture; cooperation with other agencies. 426a. Omitted. 426b. Authorization of expenditures for the eradication and control of predatory and other wild animals. 426c. Control of nuisance mammals and birds and those constituting reservoirs of zoonotic diseases; exception. 427. Agriculture research; declaration of policy; duties of Secretary of Agriculture; use of existing facilities. 427a to 427h. Repealed. 427i. Agricultural research; authorization of additional appropriations; administrative expenses; availability of special research fund. 427j, 428. Repealed or Omitted. 428a. Acquisition of land; options. 428b. Wheat and feed grains research; regional and national research programs; utilization of services of Federal, State and private agencies; authorization of appropriations. 428c. Rice research. (a) Regional and national research programs; rules; purposes. (b) Utilization of services of Federal, State, local governmental and private agencies; priority consideration. (c) Authorization of appropriations; use restriction. 429. Improvement of poultry, poultry products, and hatcheries. 430. Purchase and testing of serums or analogous products; dissemination of test results. 431. Purchase of tags, labels, stamps, and certificates. 432. Purchase of cultures for soil and fertilizer investigations. 433. Domestic raising of fur-bearing animals; classification. 434. Transfer of functions, appropriations, records and property to Secretary of Agriculture. 435. Omitted. 436. Transfer of Army Remount Service to Department of Agriculture; effective date. 437. Administration of transferred property; improvement in horse breeding; acquisition of breeding stock and facilities; fees; cooperation with other organizations. 438. Repealed. 439. Operation of Government-owned alcohol plants; location; transfer of plants. 439a. Powers and duties of Secretary of Agriculture. 439b. Recommendations to Congress for discontinuance of plants. 439c. Construction of additional facilities; acquisition of property; incurment of expenses; rules and regulations. 439d. Assumption of obligations of Reconstruction Finance Corporation covering Muscatine, Iowa, plant. 439e. Authorization of appropriations; availability of other appropriations. 440. Reimbursement of appropriations available for classing or grading agriculture commodities without charge. 441. Repealed. 442. Availability of grain to prevent waterfowl depredations; payment of packaging, transporting, handling, and other charges. 443. Requisition of grain to prevent crop depredation by migratory waterfowl. 444. Reimbursement of packaging and transporting expenses. 445. Authorization of appropriations for mitigating losses caused by waterfowl depredation. 446. Repealed. 447. Requisition of surplus grain; prevention of starvation of resident game birds and other resident wildlife; utilization by State agencies; reimbursement for packaging and transporting. 448. Requisition and use of grain for prevention of starvation of migratory birds; reimbursement for packaging and transporting. 449. Authorization of appropriations for reimbursement of Commodity Credit Corporation. 450. Cooperation with State agencies in administration and enforcement of laws relating to marketing of agricultural products and control or eradication of plant and animal diseases and pests; coordination of administration of Federal and State laws. 450a. Cooperative research projects; agreements with and receipt of funds from State and other agencies. 450b. Cooperation with State and other agencies; expenditures. 450c. Delegation of regulatory functions of Secretary of Agriculture; definitions. 450d. Delegation of regulatory functions to designated employees; status of employees; number; revocation of delegation. 450e. Authority of designated employees; retroactive revocation of delegation. 450f. Delegation of functions under other laws as unaffected. 450g. Authorization of appropriations for cooperative research projects. 450h. Transferred. 450i. Competitive, special, and facilities research grants. (a) Establishment of grant program. (b) Competitive grants. (c) Special grants. (d) Facilities grants. (e) Inter-Regional Research Project Number 4 (IR-4 Program); purposes, etc. (f) Record keeping. (g) Limits on overhead costs. (h) Authorization of appropriations. (i) Rules. (j) Application of other laws. (j) Emphasis on sustainable agriculture. (k) Reports. (l) Consultation with Technology Board. 450j. Indemnity payments to dairy farmers and manufacturers of dairy products; milk removed for its residue of chemical or toxic substances; nuclear radiation or fallout contaminants; other legal recourse. 450k. Authorization of appropriations for dairy farmer indemnities. 450l. Expiration of dairy farmer indemnity program. ------DocID 11915 Document 6 of 182------ -CITE- 10 USC CHAPTER 17 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 17 -HEAD- CHAPTER 17 - ARMING OF AMERICAN VESSELS -MISC1- Sec. 351. During war or threat to national security. ------DocID 14600 Document 7 of 182------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 17 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS ATTORNEYS -HEAD- Rule 17. Assignment of Counsel -STATUTE- Upon receipt of a notice of the docketing of a case issued under Rule 10(c), the appropriate Judge Advocate General shall designate appellate military counsel to represent the parties, unless such counsel have previously been designated. In a case involving a petition for extraordinary relief wherein an accused has been denominated as the real party in interest by a filing party or has been so designated by the Court, the Judge Advocate General shall also designate appellate military counsel to represent such accused. ------DocID 14657 Document 8 of 182------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 17 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 17. En banc proceedings -STATUTE- (a) A majority of the judges present for duty may order that any appeal or other proceeding be considered or reconsidered, except as indicated in section (c) below, by the Court sitting as a whole. Such consideration or reconsideration ordinarily will not be ordered except (1) when consideration by the full Court is necessary to secure or maintain uniformity of decision, or (2) when the proceedings involve a question of exceptional importance, or (3) when a sentence being reviewed pursuant to Article 66 extends to death. (b) A party may suggest the appropriateness of consideration or reconsideration by the Court as a whole. If a party desires to suggest in cases being reviewed pursuant to Article 66, that a matter be considered initially by the Court as a whole, the suggestion must be filed with the Court within 5 days after the government files its answer to the assignment of errors, or the accused files a reply if permitted to do so under Rule 15(b). In other proceedings the suggestion must be filed with the party's initial petition or other initial pleading, or within 5 days after the response thereto is filed. A suggestion for reconsideration by the Court as a whole must be made within the time prescribed by Rule 19 for filing a motion for reconsideration. No response to the suggestion may be filed unless the Court shall so order. (c) The suggestion of a party for consideration or reconsideration by the Court as a whole shall be transmitted to each judge of the Court who is present for duty, but a vote need not be taken to determine whether the cause shall be considered or reconsidered by the Court as a whole unless a judge requests a vote on such a suggestion made by a party. En banc reconsideration of an en banc decision will not be held unless one member of the original majority concurs in a vote for reconsideration. ------DocID 15149 Document 9 of 182------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 17 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 17. - General Power of Attorney -STATUTE- (CAPTION AS IN FORM NO. 2) GENERAL POWER OF ATTORNEY To XXX XXXXX of *XXXXXXXX, and XXX XXXXX of *XXXXXXXX: The undersigned claimant hereby authorizes you, or any one of you, as attorney in fact for the undersigned and with full power of substitution, to vote on any question that may be lawfully submitted to creditors of the debtor in the above-entitled case; (if appropriate) to vote for a trustee of the estate of the debtor and for a committee of creditors; to receive dividends; and in general to perform any act not constituting the practice of law for the undersigned in all matters arising in this case. Dated: XXXXXX Signed: XXXXXXXXXX (If appropriate) By XXXXXXXXXX as XXXXXXXXXX Address: XXXXXXXXXX XXXXXXXXXX (If executed by an individual) Acknowledged before me on XXXXXX. (If executed on behalf of a partnership) Acknowledged before me on XXXXXX, by XXXXXXXX, who says that he (or she) is a member of the partnership named above and is authorized to execute this power of attorney in its behalf. (If executed on behalf of a corporation) Acknowledged before me on XXXXXX, by XXXXXXXX, who says that he (or she) is XXXXXX of the corporation named above and is authorized to execute this power of attorney in its behalf. XXXXXXXXXXXX, XXXXXXXXXXXX (Official character.) * State mailing address. -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Rule 9010(c) requires a general power of attorney to be prepared substantially in conformity with this form which is derived from former Official Form No. 13. While a power of attorney may of course be executed in favor of an attorney at law who is also retained as such to represent the creditor executing the form, the power of attorney does not purport to confer the right to act as an attorney at law. The corollary is that one not an attorney at law may act under a general power of attorney within the limitations prescribed in the form. ------DocID 16072 Document 10 of 182------ -CITE- 12 USC Sec. 1715z-17 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-17. Shared appreciation mortgages for single family housing -STATUTE- (a) One- to four-family dwellings; requirements Notwithstanding any provision of this subchapter that is inconsistent with this section, the Secretary may insure, under any provision of this subchpater providing for insurance of mortgages on properties upon which there is located a dwelling designed principally for occupancy by one to four families, a mortgage secured by a first lien on such a property or on the stock allocated to a dwelling unit in a residential cooperative housing corporation, which - (1) provides for the mortgagee to share in a predetermined percentage of the property's or stock's net appreciated value; (2) bears interest at a rate which meets criteria prescribed by the Secretary; (3) provides for amortization over a period of not to exceed 30 years, but the actual term of the mortgage (excluding any refinancing) may be not less than 10 nor more than 30 years, and contains such provisions relating to refinancing of the principal balance of the mortgage and any contingent deferred interest as the Secretary may provide; and (4) meets such other conditions as the Secretary may require by regulation. (b) Payment of mortgagee's share of net appreciated value; 'net appreciated value' defined The mortgagee's share of a property's or stock's net appreciated value shall be payable upon sale or transfer (as defined by the Secretary) of the property or stock or payment in full of the mortgage, whichever occurs first. For purposes of this section, the term 'net appreciated value' means the amount by which the sales price of the property or stock (less the mortgagor's selling costs) exceeds the value of the property or stock at the time the commitment to insure is issued (with adjustments for capital improvements stipulated in the loan contract). If there has been no sale or transfer at the time the mortgagee's share of net appreciated value becomes payable, the sales price for purposes of this section shall be determined by means of an appraisal conducted in accordance with procedures approved by the Secretary and provided for in the mortgage. (c) Entitlement of mortgagee upon default In the event of a default, the mortgagee shall be entitled to receive the benefits of insurance in accordance with section 1710(a) of this title, but such insurance benefits shall not include the mortgagee's share of net appreciated value. The term 'original principal obligation of the mortgage' as used in section 1710 of this title shall not include the mortgagee's share of net appreciated value. (d) Inapplicability of State constitution, statute, etc., limiting or prohibiting increases in outstanding loan balance Mortgages insured pursuant to this section which contain provisions for sharing appreciation or which otherwise require or permit increases in the outstanding loan balance which are authorized under this section or under applicable regulations shall not be subject to any State constitution, statute, court decree, common law, rule, or public policy limiting or prohibiting increases in the outstanding loan balance after execution of the mortgage. (e) Encouraged use of insurance by low and moderate income families In carrying out the provisions of this section, the Secretary shall encourage the use of insurance under this section by low and moderate income tenants who would otherwise be displaced by the conversion of their rental housing to condominium or cooperative ownership. (f) Consumer protections and disclosure requirements The Secretary shall prescribe adequate consumer protections and disclosure requirements with respect to mortgages insured under this section, and may prescribe such other terms and conditions as may be appropriate to carry out the provisions of this section. (g) Number of mortgages and loans The aggregate number of mortgages and loans insured under this section and section 1715z-10(c) of this title in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this subchapter during the preceding fiscal year. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 252, as added Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 444, 97 Stat. 1225, and amended Feb. 5, 1988, Pub. L. 100-242, title IV, Sec. 415(b)(2), 101 Stat. 1907.) -MISC1- AMENDMENTS 1988 - Subsec. (g). Pub. L. 100-242 struck out reference to section 1715z-16 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1709, 1715z-10 of this title. ------DocID 16133 Document 11 of 182------ -CITE- 12 USC Sec. 1735f-17 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-17. Examinations and sanctions for certain violations -STATUTE- (a) Examinations and sanctions (1) In connection with any examination of a mortgagee approved by the Secretary pursuant to this chapter, the Secretary shall assess the performance of the mortgagee in meeting the requirements of sections 1709(t), 1715n(a)(7)(B), and 1735f-13 of this title. Where the Secretary determines that a mortgagee is not in compliance with these requirements, the Secretary shall refer the matter to the Mortgagee Review Board for investigation and appropriate action. (2) Not later than 180 days after November 28, 1990, the Secretary shall by notice establish a procedure under which (A) any person may file a request that the Secretary determine whether a mortgagee is in compliance with sections 1709(t), 1715n(a)(7)(B), and 1735f-13 of this title, (B) the Secretary shall inform the person of the disposition of the request, and (C) the Secretary shall publish in the Federal Register the disposition of any case referred by the Secretary to the Mortgagee Review Board. Such procedures shall be established by regulation under section 553 of title 5. The Secretary shall issue regulations based on the initial notice before the expiration of the 8-month period beginning on the date of the notice. (3) The Secretary shall submit to Congress, not less than annually, a report regarding any actions taken to carry out this section. The report shall include a list of all requests filed pursuant to paragraph (2) and any action taken pursuant to such requests. (b) Monitoring and review The Secretary shall continually monitor and undertake a thorough review of the implementation of this section to assess the impact of the section on the lending practices of mortgagees and the availability of mortgages insured under this chapter. The Secretary shall monitor the availability of credit, the number and type of lenders participating in the program, whether there is any change in the composition or practices of such lenders and any other factors the Secretary considers appropriate. The Secretary shall submit to the Congress findings detailing the results of such monitoring and review not later than 18 months after November 28, 1990. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 539, as added Nov. 28, 1990, Pub. L. 101-625, title III, Sec. 330(b), 104 Stat. 4139.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1709 of this title. ------DocID 16217 Document 12 of 182------ -CITE- 12 USC Sec. 1749bbb-17 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part D -HEAD- Sec. 1749bbb-17. General powers of Director -STATUTE- In the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter, the Director shall (in addition to any authority otherwise vested in him) have the functions, powers, and duties (including the authority to issue rules and regulations) of the Secretary of Housing and Urban Development set forth in section 1749a, (FOOTNOTE 1) except subsections (c)(2), (d), and (f), of this title. Any rules or regulations of the Director shall only be issued after full consultation with the Board and after notice and hearing, if granted, as required by subchapter II of chapter 5, and chapter 7, of title 5. (FOOTNOTE 1) See References in Text note below. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1247, formerly Sec. 1237, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 566, renumbered Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(d), 84 Stat. 1789, and amended Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 452(b)(1), (4), 97 Stat. 1230; Oct. 17, 1984, Pub. L. 98-479, title II, Sec. 202(a)(2), 98 Stat. 2228.) -REFTEXT- REFERENCES IN TEXT Section 1749a of this title, referred to in text, was repealed by Pub. L. 99-498, title VII, Sec. 702, Oct. 17, 1986, 100 Stat. 1545. Previously, subsec. (c)(2) of section 1749a had been repealed and subsec. (c)(3) had been redesignated (c)(2) by Pub. L. 98-479, title II, Sec. 201(d)(1), Oct. 17, 1984, 98 Stat. 2228. -MISC2- AMENDMENTS 1984 - Pub. L. 98-479 substituted 'subchapter II of chapter 5, and chapter 7, of title 5' for 'the Administrative Procedure Act'. 1983 - Pub. L. 98-181 substituted 'Director' for 'Secretary' in two places and inserted 'of the Secretary of Housing and Urban Development' after 'regulations)'. ------DocID 16345 Document 13 of 182------ -CITE- 12 USC CHAPTER 17 -EXPCITE- TITLE 12 CHAPTER 17 -HEAD- CHAPTER 17 - BANK HOLDING COMPANIES -MISC1- Sec. 1841. Definitions. 1842. Acquisition of bank shares or assets. (a) Prior approval of Board as necessary; exceptions; disposition, time extension; subsequent approval or disposition upon disapproval. (b) Application for approval; notice to Comptroller of Currency or State authority; views and recommendations; disapproval; hearing; order of Board; nonaction deemed grant of application; procedure in emergencies or probable failures requiring immediate Board action and orders. (c) Factors governing determination of application for approval. (d) Limitation by State boundaries. (e) Insured depository institution. (f) Savings bank subsidiaries of bank holding companies. (g) Mutual bank holding company. 1843. Interests in nonbanking organizations. (a) Ownership or control of voting shares of any company not a bank; engagement in activities other than banking. (b) Statement purporting to represent shares of any company except a bank or bank holding company. (c) Exemptions. (d) Exemption of company controlling one bank prior to July 1, 1968. (e) Divestiture of nonexempt shares. (f) Certain companies not treated as bank holding companies. (g) Limitations on certain banks. (h) Tying provisions. (i) Acquisition of savings associations. 1844. Administration. (a) Registration of bank holding company. (b) Regulations and orders. (c) Reports required by Board; examinations; cost of examination. (d) Reports to the Congress; recommendations. (e) Termination of activities or ownership or control of nonbank subsidiaries constituting serious risk. (f) Powers of Board respecting applications, examinations, or other proceedings. 1845. Repealed. 1846. Reservation of rights to States. 1847. Penalties. (a) Criminal penalty. (b) Civil money penalty. (c) Notice under this section after separation from service. (d) Penalty for failure to make reports. 1848. Judicial review. 1849. Saving provision. (a) General rule. (b) Antitrust review. (c) Antitrust proceedings; Board and State banking agency as party; representation by counsel. (d) Treatment of merger transactions consummated prior or subsequent to May 9, 1956, and not in litigation prior to July 1, 1966. (e) Antitrust litigation; substantive law applicable to proceedings pending on or after July 1, 1966, with respect to merger transactions. (f) 'Antitrust laws' defined. 1850. Acquisition of subsidiary, nonbanking activity or business, and tying arrangement: Federal Reserve Board proceedings; application for authorization; competitor as party in interest and person aggrieved; judicial review. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 304, 375b, 619, 1467a, 1818, 1831k, 3101, 3106 of this title; title 15 section 80b-2; title 26 sections 246A, 1101, 1103, 6158. ------DocID 17305 Document 14 of 182------ -CITE- 14 USC CHAPTER 17 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- CHAPTER 17 - ADMINISTRATION -MISC1- Sec. 631. Delegation of powers by the Secretary. 632. Functions and powers vested in the Commandant. 633. Regulations. 634. Officers holding certain offices. 635. Oaths required for boards. 636. Administration of oaths. 637. Stopping vessels; immunity for firing at or into vessel. 638. Coast Guard ensigns and pennants. 639. Penalty for unauthorized use of words 'Coast Guard'. 640. Coast Guard band recordings for commercial sale. 641. Disposal of certain material. 642. Deposit of damage payments. 643. Rewards for apprehension of persons interfering with aids to navigation. 644. Payment for the apprehension of stragglers. (645. Repealed.) 646. Admiralty claims against the United States. 647. Claims for damage to property of the United States. 648. Accounting for industrial work. 649. Supplies and equipment from stock. 650. Coast Guard Supply Fund. 651. Annual report. 652. Removing restrictions. 653. Employment of draftsmen and engineers. 654. Public and commercial vessels and other watercraft; sale of fuel, supplies, and services. 655. Arms and ammunition; immunity from taxation. 656. Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters. 657. Dependent school children. 658. Confidential investigative expenses. 659. Assistance to film producers. 660. Transportation to and from certain places of employment. 661. Authorization of personnel end strengths. 662. Requirement for prior authorization of appropriations. 663. Submission of plans to Congress. 664. User fees. 665. Restriction on construction of vessels in foreign shipyards. 666. Local hire. 667. Vessel construction bonding requirements. 668. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care. AMENDMENTS 1990 - Pub. L. 101-595, title III, Sec. 306(b), 319(b), Nov. 16, 1990, 104 Stat. 2985, 2989, added items 667 and 668. Pub. L. 101-510, div. A, title III, Sec. 327(d)(2), Nov. 5, 1990, 104 Stat. 1532, added item 640. 1989 - Pub. L. 101-225, title II, Sec. 206(b), Dec. 12, 1989, 103 Stat. 1913, added item 666. 1988 - Pub. L. 100-690, title VII, Sec. 7401(b), Nov. 18, 1988, 102 Stat. 4483, substituted 'immunity for firing at or into vessel' for 'immunity of Coast Guard officer' in item 637. Pub. L. 100-448, Sec. 26(b), 29(b), Sept. 28, 1988, 102 Stat. 1848, 1849, added items 659 and 665. 1986 - Pub. L. 99-509, title V, Sec. 5102(a)(1), Oct. 21, 1986, 100 Stat. 1925, added item 664. 1982 - Pub. L. 97-295, Sec. 2(17), (19)(B), (20)(B), Oct. 12, 1982, 96 Stat. 1302, 1303, struck out items 645 and 659, and added items 661, 662, and 663. 1980 - Pub. L. 96-376, Sec. 10(b), Oct. 3, 1980, 94 Stat. 1511, added item 660. 1977 - Pub. L. 95-61, Sec. 4(2), July 1, 1977, 91 Stat. 260, added item 659. 1974 - Pub. L. 93-283, Sec. 1(11), May 14, 1974, 88 Stat. 140, substituted 'Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters' for 'Use of appropriations to restore, replace, establish, or develop facilities' in item 656, and added item 658. 1972 - Pub. L. 92-417, Sec. 2(b), Aug. 29, 1972, 86 Stat. 656, substituted 'Admiralty claims against the United States' for 'Claims for damages occasioned by vessels' in item 646. 1970 - Pub. L. 91-278, Sec. 1(15), June 12, 1970, 84 Stat. 306, added item 657. 1963 - Pub. L. 88-45, Sec. 3, June 21, 1963, 77 Stat. 69, added item 656. 1962 - Pub. L. 87-526, Sec. 1(7), July 10, 1962, 76 Stat. 142, added item 655. 1959 - Pub. L. 86-159, Sec. 2, Aug. 14, 1959, 73 Stat. 358, added item 654. 1958 - Pub. L. 85-861, Sec. 5(1), Sept. 2, 1958, 72 Stat. 1547, struck out item 640. 1956 - Act Aug. 7, 1956, ch. 1023, Sec. 1(b), 70 Stat. 1077, substituted 'Coast Guard Supply Fund' for 'Coast Guard supply fund and supply account' in item 650. -CROSS- CROSS REFERENCES Procurement of property and services by Coast Guard, see section 2301 et seq. of Title 10, Armed Forces. ------DocID 17456 Document 15 of 182------ -CITE- 15 USC Sec. 17 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 17. Antitrust laws not applicable to labor organizations -STATUTE- The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 6, 38 Stat. 731.) -REFTEXT- REFERENCES IN TEXT The antitrust laws, referred to in text, are defined in section 12 of this title. -CROSS- CROSS REFERENCES Jurisdiction to restrain violations of restrictions on payments to employee representatives without regard to section, see section 186 of Title 29, Labor. Restriction of injunctive relief in labor actions, see sections 52 and 107 of Title 29. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 1951; title 29 section 186; title 47 section 606. ------DocID 17759 Document 16 of 182------ -CITE- 15 USC Sec. 80a-17 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-17. Transactions of certain affiliated persons and underwriters -STATUTE- (a) Prohibited transactions It shall be unlawful for any affiliated person or promoter of or principal underwriter for a registered investment company (other than a company of the character described in section 80a-12(d)(3)(A) and (B) of this title), or any affiliated person of such a person, promoter, or principal underwriter, acting as principal - (1) knowingly to sell any security or other property to such registered company or to any company controlled by such registered company, unless such sale involves solely (A) securities of which the buyer is the issuer, (B) securities of which the seller is the issuer and which are part of a general offering to the holders of a class of its securities, or (C) securities deposited with the trustee of a unit investment trust or periodic payment plan by the depositor thereof; (2) knowingly to purchase from such registered company, or from any company controlled by such registered company, any security or other property (except securities of which the seller is the issuer); or (3) to borrow money or other property from such registered company or from any company controlled by such registered company (unless the borrower is controlled by the lender) except as permitted in section 80a-21(b) of this title. (b) Application for exemption of proposed transaction from certain restrictions Notwithstanding subsection (a) of this section, any person may file with the Commission an application for an order exempting a proposed transaction of the applicant from one or more provisions of said subsection. The Commission shall grant such application and issue such order of exemption if evidence establishes that - (1) the terms of the proposed transaction, including the consideration to be paid or received, are reasonable and fair and do not involve overreaching on the part of any person concerned; (2) the proposed transaction is consistent with the policy of each registered investment company concerned, as recited in its registration statement and reports filed under this subchapter; and (3) the proposed transaction is consistent with the general purposes of this subchapter. (c) Sale or purchase of merchandise from any company or furnishing of services incident to lessor-lessee relationship Notwithstanding subsection (a) of this section, a person may, in the ordinary course of business, sell to or purchase from any company merchandise or may enter into a lessor-lessee relationship with any person and furnish the services incident thereto. (d) Joint or joint and several participation with company in transactions It shall be unlawful for any affiliated person of or principal underwriter for a registered investment company (other than a company of the character described in section 80a-12(d)(3) (A) and (B) of this title), or any affiliated person of such a person or principal underwriter, acting as principal to effect any transaction in which such registered company, or a company controlled by such registered company, is a joint or a joint and several participant with such person, principal underwriter, or affiliated person, in contravention of such rules and regulations as the Commission may prescribe for the purpose of limiting or preventing participation by such registered or controlled company on a basis different from or less advantageous than that of such other participant. Nothing contained in this subsection shall be deemed to preclude any affiliated person from acting as manager of any underwriting syndicate or other group in which such registered or controlled company is a participant and receiving compensation therefor. (e) Acceptance of compensation, commissions, fees, etc. It shall be unlawful for any affiliated person of a registered investment company, or any affiliated person of such person - (1) acting as agent, to accept from any source any compensation (other than a regular salary or wages from such registered company) for the purchase or sale of any property to or for such registered company or any controlled company thereof, except in the course of such person's business as an underwriter or broker; or (2) acting as broker, in connection with the sale of securities to or by such registered company or any controlled company thereof, to receive from any source a commission, fee, or other remuneration for effecting such transaction which exceeds (A) the usual and customary broker's commission if the sale is effected on a securities exchange, or (B) 2 per centum of the sales price if the sale is effected in connection with a secondary distribution of such securities, or (C) 1 per centum of the purchase or sale price of such securities if the sale is otherwise effected unless the Commission shall, by rules and regulations or order in the public interest and consistent with the protection of investors, permit a larger commission. (f) Custody and maintenance of securities and investments Every registered management company shall place and maintain its securities and similar investments in the custody of (1) a bank or banks having the qualifications prescribed in paragraph (1) of section 80a-26(a) of this title for the trustees of unit investment trusts; or (2) a company which is a member of a national securities exchange as defined in the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), subject to such rules and regulations as the Commission may from time to time prescribe for the protection of investors; or (3) such registered company, but only in accordance with such rules and regulations or orders as the Commission may from time to time prescribe for the protection of investors. Subject to such rules, regulations, and orders as the Commission may adopt as necessary or appropriate for the protection of investors, a registered management company or any such custodian, with the consent of the registered management company for which it acts as custodian, may deposit all or any part of the securities owned by such registered management company in a system for the central handling of securities established by a national securities exchange or national securities association registered with the Commission under the Securities Exchange Act of 1934, or such other person as may be permitted by the Commission, pursuant to which system all securities of any particular class or series of any issuer deposited within the system are treated as fungible and may be transferred or pledged by bookkeeping entry without physical delivery of such securities. Rules, regulations, and orders of the Commission under this subsection, among other things, may make appropriate provision with respect to such matters as the earmarking, segregation, and hypothecation of such securities and investments, and may provide for or require periodic or other inspections by any or all of the following: Independent public accountants, employees and agents of the Commission, and such other persons as the Commission may designate. No such member which trades in securities for its own account may act as custodian except in accordance with rules and regulations prescribed by the Commission for the protection of investors. If a registered company maintains its securities and similar investments in the custody of a qualified bank or banks, the cash proceeds from the sale of such securities and similar investments and other cash assets of the company shall likewise be kept in the custody of such a bank or banks, or in accordance with such rules and regulations or orders as the Commission may from time to time prescribe for the protection of investors, except that such a registered company may maintain a checking account in a bank or banks having the qualifications prescribed in paragraph (1) of section 80a-26(a) of this title for the trustees of unit investment trusts with the balance of such account or the aggregate balances of such accounts at no time in excess of the amount of the fidelity bond, maintained pursuant to subsection (g) of this section covering the officers or employees authorized to draw on such account or accounts. (g) Bonding of officers and employees having access to securities or funds The Commission is authorized to require by rules and regulations or orders for the protection of investors that any officer or employee of a registered management investment company who may singly, or jointly with others, have access to securities or funds of any registered company, either directly or through authority to draw upon such funds or to direct generally the disposition of such securities (unless the officer or employee has such access solely through his position as an officer or employee of a bank) be bonded by a reputable fidelity insurance company against larceny and embezzlement in such reasonable minimum amounts as the Commission may prescribe. (h) Provisions in charter, by-laws, etc., protecting against liability for willful misfeasance, etc. After one year from the effective date of this subchapter, neither the charter, certificate of incorporation, articles of association, indenture of trust, nor the by-laws of any registered investment company, nor any other instrument pursuant to which such a company is organized or administered, shall contain any provision which protects or purports to protect any director or officer of such company against any liability to the company or to its security holders to which he would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office. (i) Provisions in contracts protecting against willful misfeasance, etc. After one year from the effective date of this subchapter no contract or agreement under which any person undertakes to act as investment adviser of, or principal underwriter for, a registered investment company shall contain any provision which protects or purports to protect such person against any liability to such company or its security holders to which he would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence, in the performance of his duties, or by reason of his reckless disregard of his obligations and duties under such contract or agreement. (j) Rules and regulations prohibiting fraudulent, deceptive or manipulative courses of conduct It shall be unlawful for any affiliated person of or principal underwriter for a registered investment company or any affiliated person of an investment adviser of or principal underwriter for a registered investment company, to engage in any act, practice, or course of business in connection with the purchase or sale, directly or indirectly, by such person of any security held or to be acquired by such registered investment company in contravention of such rules and regulations as the Commission may adopt to define, and prescribe means reasonably necessary to prevent, such acts, practices, or courses of business as are fraudulent, deceptive or manipulative. Such rules and regulations may include requirements for the adoption of codes of ethics by registered investment companies and investment advisers of, and principal underwriters for, such investment companies establishing such standards as are reasonably necessary to prevent such acts, practices, or courses of business. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 17, 54 Stat. 815; Dec. 14, 1970, Pub. L. 91-547, Sec. 9, 84 Stat. 1420; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 612, 101 Stat. 1261.) -REFTEXT- REFERENCES IN TEXT The Securities Exchange Act of 1934, referred to in subsec. (f), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified generally to 2B (Sec. 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. For the effective date of this subchapter, referred to in subsecs. (h) and (i), see section 80a-52 of this title. -MISC2- AMENDMENTS 1987 - Subsec. (h). Pub. L. 100-181 struck out second sentence which read as follows: 'In the event that any such instrument does not at the effective date of this chapter comply with the requirements of this subsection and is not amended to comply therewith prior to the expiration of said one year, such company may nevertheless continue to be a registered investment company and shall not be deemed to violate this subsection if prior to said expiration date each such director or officer shall have filed with the Commission a waiver in writing of any protective provision of the instrument to the extent that it does not comply with this subsection, and each such person subsequently elected or appointed shall before assuming office file a similar waiver.' Subsec. (i). Pub. L. 100-181 struck out second sentence which read as follows: 'In the event that any such contract or agreement does not at the effective date of this chapter comply with the requirements of this subsection and is not amended to comply therewith prior to the expiration of said one year, this subsection shall not be deemed to have been violated if prior to said expiration date each such investment adviser or principal underwriter shall have filed with the Commission a waiver in writing of any protective provision of the contract or agreement to the extent that it does not comply with this subsection.' 1970 - Subsec. (f). Pub. L. 91-547, Sec. 9(a), provided in cl. (1) for a registered investment company which is a collective fund maintained by a bank authority to keep its securities and similar investments in the custody of the sponsoring bank, authorized a registered management company or its custodian (with the consent of the management company), subject to the rulemaking power of the Commission, to deposit the securities of the management company in a central certificate depository established by a national securities exchange or a registered national securities association, and provided that if an investment company employs a bank as a custodian for securities and similar investments, then all of its cash assets, shall likewise be held by a bank, subject to direction as to expenditure and disposition by proper company officials, and provided for maintenance of a checking account or accounts in one or more banks in amounts not to exceed the amount of the fidelity bond covering persons authorized to draw on the accounts. Subsec. (g). Pub. L. 91-547, Sec. 9(b), substituted 'officer or employee' for 'officer and employee' and inserted '(unless the officer or employee has such access solely through his position as an officer or employee of a bank)' before 'be bonded'. Subsec. (j). Pub. L. 91-547, Sec. 9(c), added subsec. (j). EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective Dec. 14, 1970, except that amendment by section 9(a) of Pub. L. 91-547 effective on expiration of one year after Dec. 14, 1970, see section 30 (introductory text and par. (1)) of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-35, 80a-56, 80a-58 of this title. ------DocID 17826 Document 17 of 182------ -CITE- 15 USC Sec. 80b-17 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER II -HEAD- Sec. 80b-17. Penalties -STATUTE- Any person who willfully violates any provision of this subchapter, or any rule, regulation, or order promulgated by the Commission under authority thereof, shall, upon conviction, be fined not more than $10,000, imprisoned for not more than five years, or both. -SOURCE- (Aug. 22, 1940, ch. 686, title II, Sec. 217, 54 Stat. 857; Sept. 13, 1960, Pub. L. 86-750, Sec. 15, 74 Stat. 888; June 4, 1975, Pub. L. 94-29, Sec. 27(f), 89 Stat. 163.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-29 substituted 'imprisoned for not more than five years' for 'imprisoned for not more than two years'. 1960 - Pub. L. 86-750 inserted ', or any rule, regulation or order promulgated by the Commission under authority thereof,'. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-29 effective June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. ------DocID 18329 Document 18 of 182------ -CITE- 15 USC CHAPTER 17 -EXPCITE- TITLE 15 CHAPTER 17 -HEAD- CHAPTER 17 - PRODUCTION, MARKETING, AND USE OF BITUMINOUS COAL ------DocID 19581 Document 19 of 182------ -CITE- 16 USC Sec. 17 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 17. Personal equipment and supplies for employees; purchase by Secretary of the Interior; deductions from moneys due employees -STATUTE- The Secretary of the Interior is authorized to purchase personal equipment and supplies for employees of the National Park Service, and to make deductions therefor from moneys appropriated for salary payments or otherwise due such employees. -SOURCE- (May 26, 1930, ch. 324, Sec. 1, 46 Stat. 381.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 20267 Document 20 of 182------ -CITE- 16 USC Sec. 403h-17 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVI -HEAD- Sec. 403h-17. Elimination of lands from Great Smoky Mountains National Park and Gatlinburg Spur of the Foothills Parkway -STATUTE- The conveyance of the lands described in sections 403h-15 and 403h-16 of this title shall eliminate them from the park and parkway. Upon such conveyance and upon acceptance by the State of Tennessee of legislative jurisdiction over the lands and notification of such acceptance being given to the Secretary of the Interior, such jurisdiction is retroceded to the State. -SOURCE- (Pub. L. 91-57, Sec. 3, Aug. 9, 1969, 83 Stat. 100.) ------DocID 21083 Document 21 of 182------ -CITE- 16 USC Sec. 460l-17 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIX Part C -HEAD- Sec. 460l-17. Miscellaneous provisions -STATUTE- (a) Project reports; outdoor recreation views; conformity to State comprehensive plan The views of the Secretary of the Interior developed in accordance with section 460l-2 of this title, with respect to the outdoor recreation aspects shall be set forth in any report of any project or appropriate unit thereof within the purview of this part. Such views shall include a report on the extent to which the proposed recreation and fish and wildlife development conforms to and is in accord with the State comprehensive plan developed pursuant to section 460l-8(d) of this title. (b) Omitted (c) Migratory waterfowl refuges at Federal projects; expenditure limitation for acquisition of lands Expenditures for lands or interests in lands hereafter acquired by project construction agencies for the establishment of migratory waterfowl refuges recommended by the Secretary of the Interior at Federal water resource projects, when such lands or interests in lands would not have been acquired but for the establishment of a migratory waterfowl refuge at the project, shall not exceed $28,000,000: Provided, That the aforementioned expenditure limitation in this subsection shall not apply to the costs of mitigating damages to migratory waterfowl caused by such water resource project. (d) Nonapplication to certain projects This part shall not apply to the Tennessee Valley Authority, but the Authority is authorized to recognize and provide for recreational and other public uses at any dams and reservoirs heretofore or hereafter constructed in a manner consistent with the promotion of navigation, flood control, and the generation of electrical energy, as otherwise required by law, nor to projects constructed under authority of the Small Reclamation Projects Act, as amended (43 U.S.C. 422a et seq.), or under authority of the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001 et seq.). (e) Nonapplication to certain other projects Sections 460l-13, 460l-14, 460l-15, and 460l-16 of this title shall not apply to nonreservoir local flood control projects, beach erosion control projects, small boat harbor projects, hurricane protection projects, or to project areas or facilities authorized by law for inclusion within a national recreation area or appropriate for administration by a Federal agency as a part of the national forest system, as a part of the public lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife. (f) Interpretation of 'nonreimbursable' As used in this part, the term 'nonreimbursable' shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges. (g) Nonapplication of section 460l-9(a)(2) to nonreimbursable costs of the United States Section 460l-9(a)(2) of this title shall not apply to costs allocated to recreation and fish and wildlife enhancement which are borne by the United States as a nonreimbursable project cost pursuant to section 460l-13(a) or section 460l-14(b)(1) of this title. (h) Deposits in Treasury as miscellaneous receipts; deposits of revenue from conveyance of certain lands in Land and Water Conservation Fund All payments and repayment by non-Federal public bodies under the provisions of this part shall be deposited in the Treasury as miscellaneous receipts, and revenue from the conveyance by deed, lease, or otherwise, of lands under section 460l-14(b)(2) of this title shall be deposited in the Land and Water Conservation Fund. -SOURCE- (Pub. L. 89-72, Sec. 6, July 9, 1965, 79 Stat. 216; Pub. L. 94-576, Oct. 21, 1976, 90 Stat. 2728.) -REFTEXT- REFERENCES IN TEXT This part, referred to in subsecs. (a), (d), (f), and (h), was in the original 'this Act', meaning Pub. L. 89-72, which enacted sections 460l-12 to 460l-21 of this title and amended sections 460l-5(a) and 662(d) of this title. The Small Reclamation Projects Act, referred to in subsec. (d), is act Aug. 6, 1956, ch. 972, 70 Stat. 1044, as amended, which is classified generally to subchapter IV (Sec. 422a et seq.) of chapter 12 of Title 43, Public Lands. For complete classification of this Act to the Code, see section 422k of Title 43 and Tables. The Watershed Protection and Flood Prevention Act, referred to in subsec. (d), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended, which is classified generally to chapter 18 (Sec. 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. -COD- CODIFICATION Subsec. (b) of this section amended section 662(d) of this title. -MISC3- AMENDMENTS 1976 - Subsec. (d). Pub. L. 94-576 authorized recreational and other public uses at dams and reservoirs consistent with promotion of navigation, flood control, and generation of electrical energy. ------DocID 21110 Document 22 of 182------ -CITE- 16 USC Sec. 460m-17 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-17. Lands and areas plan; submission to Congressional committees -STATUTE- Within two years from November 10, 1978, the Secretary shall submit, in writing, to the House Committee on Interior and Insular Affairs, the Senate Committee on Energy and Natural Resources and the Committees on Appropriations of the United States Congress, a detailed plan which shall indicate - (i) the lands and areas which he deems essential to the protection and public enjoyment of the natural, scenic, and historic values and objects of this national river; (ii) the lands which he has previously acquired by purchase, donation, exchange, or transfer for the purpose of this national river; (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing four fiscal years; and (iv) the feasibility and suitability of including within the boundaries of the national river, the section of the New River from Fayetteville to Gauley Bridge, and reasons therefor. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1103, Nov. 10, 1978, 92 Stat. 3546.) ------DocID 21207 Document 23 of 182------ -CITE- 16 USC Sec. 460u-17 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIX -HEAD- Sec. 460u-17. Lands within area I-E used for solid waste disposal -STATUTE- (a) Commitment to reclaim land at no expense to Federal Government The Secretary may not acquire such lands within the western section of area I-E, as designated on map numbered 626-91007, which have been used for solid waste disposal until he has received a commitment, in accordance with a plan acceptable to him, to reclaim such lands at no expense to the Federal Government. (b) Cooperation with State of Indiana or subdivision thereof to develop area With respect to the property identified as area I-E on map numbered 626-91007, the Secretary may enter into a cooperative agreement whereby the State of Indiana or any political subdivision thereof may undertake to develop, manage, and interpret such area in a manner consistent with the purposes of this subchapter. -SOURCE- (Pub. L. 89-761, Sec. 17, formerly Sec. 18, added and renumbered Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533.) ------DocID 21451 Document 24 of 182------ -CITE- 16 USC Sec. 460vv-17 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVII -HEAD- Sec. 460vv-17. Permits -STATUTE- The Secretary shall cooperate with other Federal agencies, with State and local public agencies and bodies, and with private individuals and organizations in the issuance of permits for facilities, services, and recreational facilities in the Winding Stair Mountain National Recreation and Wilderness Area. In issuing such permits, the Secretary is authorized and encouraged to consider local nonprofit entities and the private sector. -SOURCE- (Pub. L. 100-499, Sec. 19, Oct. 18, 1988, 102 Stat. 2499.) ------DocID 22759 Document 25 of 182------ -CITE- 16 USC CHAPTER 17 -EXPCITE- TITLE 16 CHAPTER 17 -HEAD- CHAPTER 17 - NORTHWEST ATLANTIC FISHERIES ------DocID 7664 Document 26 of 182------ -CITE- 2 USC CHAPTER 17 -EXPCITE- TITLE 2 CHAPTER 17 -HEAD- CHAPTER 17 - CONGRESSIONAL BUDGET OFFICE -MISC1- Sec. 601. Establishment. (a) In general. (b) Personnel. (c) Experts and consultants. (d) Relationship to executive branch. (e) Relationship to other agencies of Congress. (g) Authorization of appropriations. (g) Revenue estimates. 602. Duties and functions. (a) Assistance to budget committees. (b) Assistance to Committees on Appropriations, Ways and Means, and Finance. (c) Assistance to other committees and Members. (d) Assignment of office personnel to committees and joint committees. (e) Transfer of functions of Joint Committee on Reduction of Federal Expenditures. (f) Reports to budget committees. (g) Use of computers and other techniques. (h) Studies. 603. Public access to budget data. (a) Right to copy. (b) Index. (c) Exceptions. (d) Information obtained for committees and Members. 604. Omitted. 605. Sale or lease of property, supplies, or services. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 622 of this title. ------DocID 23682 Document 27 of 182------ -CITE- 17 USC CHAPTER 1 -EXPCITE- TITLE 17 CHAPTER 1 -HEAD- CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT -MISC1- Sec. 101. Definitions. 102. Subject matter of copyright: In general. 103. Subject matter of copyright: Compilations and derivative works. 104. Subject matter of copyright: National origin. 105. Subject matter of copyright: United States Government works. 106. Exclusive rights in copyrighted works. 106A. Rights of certain authors to attribution and integrity. 107. Limitations on exclusive rights: Fair use. 108. Limitations on exclusive rights: Reproduction by libraries and archives. 109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord. 110. Limitations on exclusive rights: Exemption of certain performances and displays. 111. Limitations on exclusive rights: Secondary transmissions. 112. Limitations on exclusive rights: Ephemeral recordings. 113. Scope of exclusive rights in pictorial, graphic, and sculptural works. 114. Scope of exclusive rights in sound recordings. 115. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords. 116. Scope of exclusive rights in nondramatic musical works: Compulsory licenses for public performances by means of coin-operated phonorecord players. 116A. Negotiated licenses for public performances by means of coin-operated phonorecord players. 117. Scope of exclusive rights: Use in conjunction with computers and similar information systems. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 118. Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting. 119. Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing. 120. Scope of exclusive rights in architectural works. AMENDMENTS 1990 - Pub. L. 101-650, title VI, Sec. 603(b), title VII, Sec. 704(b)(1), Dec. 1, 1990, 104 Stat. 5130, 5134, added items 106A and 120. 1988 - Pub. L. 100-667, title II, Sec. 202(6), Nov. 16, 1988, 102 Stat. 3958, added item 119. Pub. L. 100-568, Sec. 4(b)(2), Oct. 31, 1988, 102 Stat. 2857, substituted 'Compulsory licenses for public performances' for 'Public performances' in item 116 and added item 116A. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 912 of this title. ------DocID 23683 Document 28 of 182------ -CITE- 17 USC Sec. 101 -EXPCITE- TITLE 17 CHAPTER 1 -HEAD- Sec. 101. Definitions -STATUTE- As used in this title, the following terms and their variant forms mean the following: An 'anonymous work' is a work on the copies or phonorecords of which no natural person is identified as author. An 'architectural work' is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features. 'Audiovisual works' are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. The 'Berne Convention' is the Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto. A work is a 'Berne Convention work' if - (1) in the case of an unpublished work, one or more of the authors is a national of a nation adhering to the Berne Convention, or in the case of a published work, one or more of the authors is a national of a nation adhering to the Berne Convention on the date of first publication; (2) the work was first published in a nation adhering to the Berne Convention, or was simultaneously first published in a nation adhering to the Berne Convention and in a foreign nation that does not adhere to the Berne Convention; (3) in the case of an audiovisual work - (A) if one or more of the authors is a legal entity, that author has its headquarters in a nation adhering to the Berne Convention; or (B) if one or more of the authors is an individual, that author is domiciled, or has his or her habitual residence in, a nation adhering to the Berne Convention; (4) in the case of a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, the building or structure is located in a nation adhering to the Berne Convention; or (5) in the case of an architectural work embodied in a building, such building is erected in a country adhering to the Berne Convention. For purposes of paragraph (1), an author who is domiciled in or has his or her habitual residence in, a nation adhering to the Berne Convention is considered to be a national of that nation. For purposes of paragraph (2), a work is considered to have been simultaneously published in two or more nations if its dates of publication are within 30 days of one another. The 'best edition' of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes. A person's 'children' are that person's immediate offspring, whether legitimate or not, and any children legally adopted by that person. A 'collective work' is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A 'compilation' is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term 'compilation' includes collective works. 'Copies' are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term 'copies' includes the material object, other than a phonorecord, in which the work is first fixed. 'Copyright owner', with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right. The 'country of origin' of a Berne Convention work, for purposes of section 411, is the United States if - (1) in the case of a published work, the work is first published - (A) in the United States; (B) simultaneously in the United States and another nation or nations adhering to the Berne Convention, whose law grants a term of copyright protection that is the same as or longer than the term provided in the United States; (C) simultaneously in the United States and a foreign nation that does not adhere to the Berne Convention; or (D) in a foreign nation that does not adhere to the Berne Convention, and all of the authors of the work are nationals, domiciliaries, or habitual residents of, or in the case of an audiovisual work legal entities with headquarters in, the United States; (2) in the case of an unpublished work, all the authors of the work are nationals, domiciliaries, or habitual residents of the United States, or, in the case of an unpublished audiovisual work, all the authors are legal entities with headquarters in the United States; or (3) in the case of a pictorial, graphic, or sculptural work incorporated in a building or structure, the building or structure is located in the United States. For the purposes of section 411, the 'country of origin' of any other Berne Convention work is not the United States. A work is 'created' when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work. A 'derivative work' is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a 'derivative work'. A 'device', 'machine', or 'process' is one now known or later developed. To 'display' a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. A work is 'fixed' in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is 'fixed' for purposes of this title if a fixation of the work is being made simultaneously with its transmission. The terms 'including' and 'such as' are illustrative and not limitative. A 'joint work' is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. 'Literary works' are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied. 'Motion pictures' are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. To 'perform' a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovis- ual work, to show its images in any sequence or to make the sounds accompanying it audible. 'Phonorecords' are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term 'phonorecords' includes the material object in which the sounds are first fixed. 'Pictorial, graphic, and sculptural works' include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. A 'pseudonymous work' is a work on the copies or phonorecords of which the author is identified under a fictitious name. 'Publication' is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication. To perform or display a work 'publicly' means - (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times. 'Sound recordings' are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. 'State' includes the District of Columbia and the Commonwealth of Puerto Rico, and any territories to which this title is made applicable by an Act of Congress. A 'transfer of copyright ownership' is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license. A 'transmission program' is a body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit. To 'transmit' a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. The 'United States', when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. A 'useful article' is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a 'useful article'. The author's 'widow' or 'widower' is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried. A 'work of visual art' is - (1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or (2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author. A work of visual art does not include - (A)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication, or similar publication; (ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container; (iii) any portion or part of any item described in clause (i) or (ii); (B) any work made for hire; or (C) any work not subject to copyright protection under this title. A 'work of the United States Government' is a work prepared by an officer or employee of the United States Government as part of that person's official duties. A 'work made for hire' is - (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. For the purpose of the foregoing sentence, a 'supplementary work' is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an 'instructional text' is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities. A 'computer program' is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2541; Pub. L. 96-517, Sec. 10(a), Dec. 12, 1980, 94 Stat. 3028; Pub. L. 100-568, Sec. 4(a)(1), Oct. 31, 1988, 102 Stat. 2854; Pub. L. 101-650, title VI, Sec. 602, title VII, Sec. 702, Dec. 1, 1990, 104 Stat. 5128, 5133.) -MISC1- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 The significant definitions in this section will be mentioned or summarized in connection with the provisions to which they are most relevant. AMENDMENTS 1990 - Pub. L. 101-650, Sec. 702(a), inserted definition of term 'architectural work'. Pub. L. 101-650, Sec. 702(b), in defintion of term 'Berne Convention work' added par. (5). Pub. L. 101-650, Sec. 602, inserted definition of term 'work of visual art'. 1988 - Pub. L. 100-568, Sec. 4(a)(1)(B), inserted definitions of terms 'The Berne Convention' and 'Berne Convention work'. Pub. L. 100-568, Sec. 4(a)(1)(C), inserted definition of term 'country of origin'. Pub. L. 100-568, Sec. 4(a)(1)(A), in definition of term 'Pictorial, graphic, and scuptural works' substituted 'diagrams, models, and technical drawings, including architectural plans' for 'technical drawings, diagrams, and models'. 1980 - Pub. L. 96-517 inserted definition of 'computer program'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 602 of Pub. L. 101-650 effective 6 months after Dec. 1, 1990, see section 610 of Pub. L. 101-650, set out as an Effective Date note under section 106A of this title. Section 706 of title VII of Pub. L. 101-650 provided that: 'The amendments made by this title (enacting section 120 of this title and amending this section and sections 102, 106, and 301 of this title), apply to - '(1) any architectural work created on or after the date of the enactment of this Act (Dec. 1, 1990); and '(2) any architectural work that, on the date of the enactment of this Act, is unconstructed and embodied in unpublished plans or drawings, except that protection for such architectural work under title 17, United States Code, by virtue of the amendments made by this title, shall terminate on December 31, 2002, unless the work is constructed by that date.' EFFECTIVE DATE OF 1988 AMENDMENT Section 13 of Pub. L. 100-568 provided that: '(a) Effective Date. - This Act and the amendments made by this Act (enacting section 116A of this title, amending this section and sections 104, 116, 205, 301, 401 to 408, 411, 501, 504, 801, and 804 of this title, and enacting provisions set out as notes under this section) take effect on the date on which the Berne Convention (as defined in section 101 of title 17, United States Code) enters into force with respect to the United States (Mar. 1, 1989). (The Berne Convention entered into force with respect to the United States on Mar. 1, 1989.) '(b) Effect on Pending Cases. - Any cause of action arising under title 17, United States Code, before the effective date of this Act shall be governed by the provisions of such title as in effect when the cause of action arose.' SHORT TITLE OF 1990 AMENDMENTS Section 601 of title VI of Pub. L. 101-650 provided that: 'This title (enacting section 106A of this title, amending this section and sections 107, 113, 301, 411, 412, 501, and 506 of this title, and enacting provisions set out as notes under this section and section 106A of this title) may be cited as the 'Visual Artists Rights Act of 1990'.' Section 701 of title VII of Pub. L. 101-650 provided that: 'This title (enacting section 120 of this title, amending this section and sections 102, 106, and 301 of this title, and enacting provisions set out as a note above) may be cited as the 'Architectural Works Copyright Protection Act'.' Section 801 of title VIII of Pub. L. 101-650 provided that: 'This title (amending section 109 of this title and enacting provisions set out as notes under seactions 109 and 205 of this title) may be cited as the 'Computer Software Rental Amendments Act of 1990'.' Pub. L. 101-553, Sec. 1, Nov. 15, 1990, 104 Stat. 2749, provided that: 'This Act (enacting section 511 of this title, amending sections 501, 910, and 911 of this title, and enacting provisions set out as a note under section 501 of this title) may be cited as the 'Copyright Remedy Clarification Act'.' Pub. L. 101-319, Sec. 1, July 3, 1990, 104 Stat. 290, provided that: 'This Act (amending sections 701 and 802 of this title and sections 5315 and 5316 of Title 5, Government Organization and Employees, and enacting provisions set out as a note under section 701 of this title) may be cited as the 'Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989'.' Pub. L. 101-318, Sec. 1, July 3, 1990, 104 Stat. 287, provided that: 'This Act (amending sections 106, 111, 704, 708, 801, and 804 of this title and enacting provisions set out as notes under sections 106, 111, 708, and 804 of this title) may be cited as the 'Copyright Fees and Technical Amendments Act of 1989'.' SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-667, title II, Sec. 201, Nov. 16, 1988, 102 Stat. 3949, provided that: 'This title (enacting section 119 of this title and sections 612 and 613 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending sections 111, 501, 801, and 804 of this title and section 605 of Title 47, and enacting provisions set out as notes under section 119 of this title) may be cited as the 'Satellite Home Viewer Act of 1988'.' (Section ceases to be effective Dec. 31, 1994, see section 207 of Pub. L. 100-667, set out as an Effective and Termination Dates note under section 119 of this title.) Section 1(a) of Pub. L. 100-568 provided that: 'This Act (enacting section 116A of this title, amending this section and sections 104, 116, 205, 301, 401 to 408, 411, 501, 504, 801, and 804 of this title, and enacting provisions set out as notes under section 101 of this title) may be cited as the 'Berne Convention Implementation Act of 1988'.' SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-450, Sec. 1, Oct. 4, 1984, 98 Stat. 1727, provided that: 'This Act (amending sections 109 and 115 of this title and enacting provisions set out as a note under section 109 of this title) may be cited as the 'Record Rental Amendment of 1984'.' FIRST AMENDMENT APPLICATION Section 609 of title VI of Pub. L. 101-650 provided that: 'This title (see Short Title of 1990 Amendments note above) does not authorize any governmental entity to take any action or enforce restrictions prohibited by the First Amendment to the United States Constitution.' BERNE CONVENTION; CONGRESSIONAL DECLARATIONS Section 2 of Pub. L. 100-568 provided that: 'The Congress makes the following declarations: '(1) The Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto (hereafter in this Act (see Short Title of 1988 Amendment note above) referred to as the 'Berne Convention') are not self-executing under the Constitution and laws of the United States. '(2) The obligations of the United States under the Berne Convention may be performed only pursuant to appropriate domestic law. '(3) The amendments made by this Act, together with the law as it exists on the date of the enactment of this Act (Oct. 31, 1988), satisfy the obligations of the United States in adhering to the Berne Convention and no further rights or interests shall be recognized or created for that purpose.' BERNE CONVENTION; CONSTRUCTION Section 3 of Pub. L. 100-568 provided that: '(a) Relationship With Domestic Law. - The provisions of the Berne Convention - '(1) shall be given effect under title 17, as amended by this Act (see Short Title of 1988 Amendment note above), and any other relevant provision of Federal or State law, including the common law; and '(2) shall not be enforceable in any action brought pursuant to the provisions of the Berne Convention itself. '(b) Certain Rights Not Affected. - The provisions of the Berne Convention, the adherence of the United States thereto, and satisfaction of United States obligations thereunder, do not expand or reduce any right of an author of a work, whether claimed under Federal, State, or the common law - '(1) to claim authorship of the work; or '(2) to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the work, that would prejudice the author's honor or reputation.' WORKS IN PUBLIC DOMAIN WITHOUT COPYRIGHT PROTECTION Section 12 of Pub. L. 100-568 provided that: 'Title 17, United States Code, as amended by this Act (see Short Title of 1988 Amendment note above), does not provide copyright protection for any work that is in the public domain in the United States.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 106A of this title; title 18 sections 2318, 2319. ------DocID 23684 Document 29 of 182------ -CITE- 17 USC Sec. 102 -EXPCITE- TITLE 17 CHAPTER 1 -HEAD- Sec. 102. Subject matter of copyright: In general -STATUTE- (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2544; Pub. L. 101-650, title VII, Sec. 703, Dec. 1, 1990, 104 Stat. 5133.) -MISC1- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 Original Works of Authorship. The two fundamental criteria of copyright protection - originality and fixation in tangible form are restated in the first sentence of this cornerstone provision. The phrase 'original works or authorship,' which is purposely left undefined, is intended to incorporate without change the standard of originality established by the courts under the present copyright statute. This standard does not include requirements of novelty, ingenuity, or esthetic merit, and there is no intention to enlarge the standard of copyright protection to require them. In using the phrase 'original works of authorship,' rather than 'all the writings of an author' now in section 4 of the statute (section 4 of former title 17), the committee's purpose is to avoid exhausting the constitutional power of Congress to legislate in this field, and to eliminate the uncertainties arising from the latter phrase. Since the present statutory language is substantially the same as the empowering language of the Constitution (Const. Art. 1, Sec. 8, cl. 8), a recurring question has been whether the statutory and the constitutional provisions are coextensive. If so, the courts would be faced with the alternative of holding copyrightable something that Congress clearly did not intend to protect, or of holding constitutionally incapable of copyright something that Congress might one day want to protect. To avoid these equally undesirable results, the courts have indicated that 'all the writings of an author' under the present statute is narrower in scope than the 'writings' of 'authors' referred to in the Constitution. The bill avoids this dilemma by using a different phrase - 'original works of authorship' - in characterizing the general subject matter of statutory copyright protection. The history of copyright law has been one of gradual expansion in the types of works accorded protection, and the subject matter affected by this expansion has fallen into two general categories. In the first, scientific discoveries and technological developments have made possible new forms of creative expression that never existed before. In some of these cases the new expressive forms - electronic music, filmstrips, and computer programs, for example - could be regarded as an extension of copyrightable subject matter Congress had already intended to protect, and were thus considered copyrightable from the outset without the need of new legislation. In other cases, such as photographs, sound recordings, and motion pictures, statutory enactment was deemed necessary to give them full recognition as copyrightable works. Authors are continually finding new ways of expressing themselves, but it is impossible to foresee the forms that these new expressive methods will take. Th