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Appendix B The Digital Millennium Copyright Act of 19981 Section 1. Short Title. This Act may be cited as the “Digital Millennium Copyright Act”. Title I — WIPO Treaties Implementation Sec. 101. Short Title. This title may be cited as the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998”. * * * * * * * Sec. 105. Effective Date. (a) In General. — Except as otherwise provided in this title, this title and the amendments made by this title shall take effect on the date of the enactment of this Act. (b) Amendments Relating to Certain International Agreements. — (1) The following shall take effect upon the entry into force of the WIPO Copyright Treaty with respect to the United States: (A) Paragraph (5) of the definition of “international agreement” contained in section 101 of title 17, United States Code, as amended by section 102(a)(4) of this Act. (B) The amendment made by section 102(a)(6) of this Act. (C) Subparagraph (C) of section 104A(h)(1) of title 17, United States Code, as amended by section 102(c)(1) of this Act. (D) Subparagraph (C) of section 104A(h)(3) of title 17, United States Code, as amended by section 102(c)(2) of this Act. (2) The following shall take effect upon the entry into force of the WIPO Performances and Phonograms Treaty with respect to the United States: (A) Paragraph (6) of the definition of “international agreement” contained in section 101 of title 17, United States Code, as amended by section 102(a)(4) of this Act. (B) The amendment made by section 102(a)(7) of this Act. (C) The amendment made by section 102(b)(2) of this Act. (D) Subparagraph (D) of section 104A(h)(1) of title 17, United States Code, as amended by section 102(c)(1) of this Act. (E) Subparagraph (D) of section 104A(h)(3) of title 17, United States Code, as amended by section 102(c)(2) of this Act. (F) The amendments made by section 102(c)(3) of this Act. * * * * * * * Title II — Online Copyright Infringement Liability Limitation Sec. 201. Short Title. This title may be cited as the “Online Copyright Infringement Liability Limitation Act”. * * * * * * * Sec. 203. Effective Date. This title and the amendments made by this title shall take effect on the date of the enactment of this Act. * * * * * * * Title IV — Miscellaneous Provisions Sec. 401. Provisions Relating to the Commissioner of Patents and Trademarks and the Register of Copyrights (a) Compensation. — (1) Section 3(d) of title 35, United States Code, is amended by striking “prescribed by law for Assistant Secretaries of Commerce” and inserting “in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code”. * * * * * * * (3) Section 5314 of title 5, United States Code, is amended by adding at the end the following: “Assistant Secretary of Commerce and Commissioner of Patents and Trademarks. “Register of Copyrights.”. * * * * * * * Sec. 405. Scope of Exclusive Rights in Sound Recordings; Ephemeral Recordings. (a) Scope of Exclusive Rights in Sound Recordings. * * * * * * * (5) The amendment made by paragraph (2)(B)(i)(III) of this subsection shall be deemed to have been enacted as part of the Digital Performance Right in Sound Recordings Act of 1995, and the publication of notice of proceedings under section 114(f)(1) of title 17, United States Code, as in effect upon the effective date of that Act, for the determination of royalty payments shall be deemed to have been made for the period beginning on the effective date of that Act and ending on December 1, 2001. (6) The amendments made by this subsection do not annul, limit, or otherwise impair the rights that are preserved by section 114 of title 17, United States Code, including the rights preserved by subsections (c), (d)(4), and (i) of such section. * * * * * * * (c) Scope of Section 112(a) of Title 17 Not Affected. — Nothing in this section or the amendments made by this section shall affect the scope of section 112(a) of title 17, United States Code, or the entitlement of any person to an exemption thereunder. * * * * * * * Sec. 406. Assumption of Contractual Obligations Related to Transfers of Rights in Motion Pictures. (a) In General. — Part VI of title 28, United States Code, is amended by adding at the end the following new chapter: “Chapter 180 — Assumption of Certain Contractual Obligations “Sec. 4001. Assumption of contractual obligations related to transfers of rights in motion pictures. “§4001. Assumption of contractual obligations related to transfers of rights in motion pictures “(a) Assumption of Obligations. — (1) In the case of a transfer of copyright ownership under United States law in a motion picture (as the terms ‘transfer of copyright ownership’ and ‘motion picture’ are defined in section 101 of title 17) that is produced subject to 1 or more collective bargaining agreements negotiated under the laws of the United States, if the transfer is executed on or after the effective date of this chapter and is not limited to public performance rights, the transfer instrument shall be deemed to incorporate the assumption agreements applicable to the copyright ownership being transferred that are required by the applicable collective bargaining agreement, and the transferee shall be subject to the obligations under each such assumption agreement to make residual payments and provide related notices, accruing after the effective date of the transfer and applicable to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obligations, as those obligations and remedies are set forth in the applicable collective bargaining agreement, if — “(A) the transferee knows or has reason to know at the time of the transfer that such collective bargaining agreement was or will be applicable to the motion picture; or “(B) in the event of a court order confirming an arbitration award against the transferor under the collective bargaining agreement, the transferor does not have the financial ability to satisfy the award within 90 days after the order is issued. “(2) For purposes of paragraph (1)(A), ‘knows or has reason to know’ means any of the following: “(A) Actual knowledge that the collective bargaining agreement was or will be applicable to the motion picture. “(B)(i) Constructive knowledge that the collective bargaining agreement was or will be applicable to the motion picture, arising from recordation of a document pertaining to copyright in the motion picture under section 205 of title 17 or from publication, at a site available to the public on-line that is operated by the relevant union, of information that identifies the motion picture as subject to a collective bargaining agreement with that union, if the site permits commercially reasonable verification of the date on which the information was available for access. “(ii) Clause (i) applies only if the transfer referred to in subsection (a)(1) occurs - “(I) after the motion picture is completed, or “(II) before the motion picture is completed and - “(aa) within 18 months before the filing of an application for copyright registration for the motion picture under section 408 of title 17, or “(bb) if no such application is filed, within 18 months before the first publication of the motion picture in the United States. “(C) Awareness of other facts and circumstances pertaining to a particular transfer from which it is apparent that the collective bargaining agreement was or will be applicable to the motion picture. “(b) Scope of Exclusion of Transfers of Public Performance Rights. — For purposes of this section, the exclusion under subsection (a) of transfers of copyright ownership in a motion picture that are limited to public performance rights includes transfers to a terrestrial broadcast station, cable system, or programmer to the extent that the station, system, or programmer is functioning as an exhibitor of the motion picture, either by exhibiting the motion picture on its own network, system, service, or station, or by initiating the transmission of an exhibition that is carried on another network, system, service, or station. When a terrestrial broadcast station, cable system, or programmer, or other transferee, is also functioning otherwise as a distributor or as a producer of the motion picture, the public performance exclusion does not affect any obligations imposed on the transferee to the extent that it is engaging in such functions. “(c) Exclusion for Grants of Security Interests. — Subsection (a) shall not apply to — “(1) a transfer of copyright ownership consisting solely of a mortgage, hypothecation, or other security interest; or “(2) a subsequent transfer of the copyright ownership secured by the security interest described in paragraph (1) by or under the authority of the secured party, including a transfer through the exercise of the secured party's rights or remedies as a secured party, or by a subsequent transferee. The exclusion under this subsection shall not affect any rights or remedies under law or contract. “(d) Deferral Pending Resolution of Bona Fide Dispute. — A transferee on which obligations are imposed under subsection (a) by virtue of paragraph (1) of that subsection may elect to defer performance of such obligations that are subject to a bona fide dispute between a union and a prior transferor until that dispute is resolved, except that such deferral shall not stay accrual of any union claims due under an applicable collective bargaining agreement. “(e) Scope of Obligations Determined by Private Agreement. — Nothing in this section shall expand or diminish the rights, obligations, or remedies of any person under the collective bargaining agreements or assumption agreements referred to in this section. “(f) Failure to Notify. — If the transferor under subsection (a) fails to notify the transferee under subsection (a) of applicable collective bargaining obligations before the execution of the transfer instrument, and subsection (a) is made applicable to the transferee solely by virtue of subsection (a)(1)(B), the transferor shall be liable to the transferee for any damages suffered by the transferee as a result of the failure to notify. “(g) Determination of Disputes and Claims. — Any dispute concerning the application of subsections (a) through (f) shall be determined by an action in United States district court, and the court in its discretion may allow the recovery of full costs by or against any party and may also award a reasonable attorney's fee to the prevailing party as part of the costs. “(h) Study. — The Comptroller General, in consultation with the Register of Copyrights, shall conduct a study of the conditions in the motion picture industry that gave rise to this section, and the impact of this section on the motion picture industry. The Comptroller General shall report the findings of the study to the Congress within 2 years after the effective date of this chapter.”. * * * * * * * SEC. 407. EFFECTIVE Date. Except as otherwise provided in this title, this title and the amendments made by this title shall take effect on the date of the enactment of this Act. * * * * * * * Title V — Protection of Certain Original Designs Sec. 501. Short Title. This Act may be referred to as the “Vessel Hull Design Protection Act”. * * * * * * * Sec. 505. Effective Date.2 The amendments made by sections 502 and 503 shall take effect on the date of the enactment of this Act.3 Appendix B · Endnotes 1This appendix contains provisions from the Digital Millennium Copyright Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860, that do not amend title 17 of the United States Code. 2The Intellectual Property and Communications Omnibus Reform Act of 1999 amended section 505 by deleting everything at the end of the sentence, after “Act.” Pub. L. No. 106-113, 113 Stat. 1501, app. I at 1501A-521, 593. 3Section 502 of the DMCA added chapter 13 to title 17 of the United States Code. Section 503 made conforming amendments. The date of enactment of this Act is October 28, 1998.

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Recent Publications reg № 856275 «НОВЫЙ ВИД ШАХМАТНОЙ ДОСКИ ДЛЯ ИГРЫ В ШАХМАТЫ ПО СПОСОБУ «МАКУРИНА - КУДРЯВЦЕВА»» More >> reg № 199737274 Elphitamine More >> reg № 56022273 Фраза "хуи выше гор" More >> reg № 658314297 Фраза "хуи выше гор" More >> reg № 365805294 Alyonna "Love Ang" More >> Terms of use Article 1. Contracting parties. 1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows: a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and b) Customer is a person, who accepts this Offer and who is the author of any publication. Article 2. Acceptance. 1. The Customer shall accept this Offer in case of and after the following activities: a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and b) provide the author’s abstract specifying what material was created by the author; and c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and d) post (“upload”) the material itself on the Executor’s official website; and e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement. 2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement. 3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision. Article 3. Scope of the Agreement. 1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet. 2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement. 3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.  4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement. 5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision. Article 4. Register. 1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet. 2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author. 3. The Register shall be maintained in electronic form on the Executor’s official website in Internet. 4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet. 5. Both the Register and the official website shall be the Executor’s property. 6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor. 7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer. Article 5. Obligations of the Parties. 1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement. 2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement. 3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement. 4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder. 5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement. Article 6. Payment for the Executor’s services. Agreement price. 1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article. 2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement. 3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement. 4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration. 5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable. 6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party. Article 7. Withdrawal from the Agreement. 1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement. 2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases): a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or b) provision of false information by the Customer; and/or c) any other technical reasons. Article 8. Information sharing.  1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).  2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties. 3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents. Article 9. Arbitration. 1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.  2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands. 3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands. 4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship. Article 10. Other terms and conditions. 1. This Agreement is made in written and electronic form, in one counterpart, which:  a) Agreement in writing is kept in the Executor’s office, and  b) posted in electronic form on the Executor’s official website in Internet. 2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.  3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement. 4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement. NEWS: most visited Толкин Юсупов , registered "ДОПОЛНЕНИЕ пункта (идеи) № 780 от 23.06.2011 года ЕДИНЫЙ МЕЖДУНАРОДНЫЙ ЦЕНТР РАЗРАБОТКИ И СЕРТИФИКАЦИИ АТРИБУТОВ СЕМЕЙНОЙ И ИНДИВИДУАЛЬНОЙ ГЕРАЛЬДИКИ (тотемов, гербов, флагов, вымпелов, и т.д.). " reg № 158119657, 2012-03-26 09:58:21

ЕДИНЫЙ МЕЖДУНАРОДНЫЙ ЦЕНТР РАЗРАБОТКИ И СЕРТИФИКАЦИИ АТРИБУТОВ СЕМЕЙНОЙ И ИНДИВИДУАЛЬНОЙ ГЕРАЛЬДИКИ (тотемов, гербов, флагов, вымпелов, и т.д.). Применение указанных атрибутов без сертификации ЦЕНТРА является НЕДЕЙСТВИТЕЛЬНЫМ! Данная информация приобретает юридическую силу с момента регистрации данной учётной записи (23.06.2011г.).

read: >>> Константин Букшан , registered "Прибор читающий мысли на расстоянии" reg № 772856601, 2013-07-05 11:52:23

Мое изобретение – это прибор, который включает и выключает любой электронный прибор, например светодиод, дистанционно, силой мысли человека, на расстоянии, без датчиков крепящихся на голове. Моя идея состоит в том, что туннельный контакт Джозефсона с определенной толщиной диэлектрика между проводниками и с определенной площадью соприкосновения контакта может реагировать на мысли людей на расстоянии, включая и выключая любой электронный прибор, например светодиод, силой мысли человека на расстоянии. Принцип работы прибора основан на вли

read: >>> Leonid Minaev , registered "Леонид Минаев - "Там где я был"" reg № 78767695, 2013-11-14 18:36:26

автор песни (музыка и слова) Леонид Леонидович Минаев. Песня написана и записана 11 – 14 ноября 2013 года. Прилагается архив с рабочей записью с файлом формата mp3 частота 44,1KHz 16bit 192kbps и текстом песни «Там где я был».

read: >>> NEWS: news copyright Sunbeam Ruling Strengthens Rights of IP Licensees in Bankruptcy JULY 27, 2012 BANKRUPTCY, INTELLECTUAL PROPERTYSunbeam Ruling Strengthens Rights of read: >>>  

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The Digital Millennium Copyright Act of 1998 (DMCA) amended the Copyright Act, Title 17 of the U.S. Code containing federal copyright law, added section 512-Online Copyright Infringement Liability Limitation. Section 512 provides "safe harbor" provisions for Internet service providers from liability of copyright infringement based on four categories, two of which are "transitory digital network communications" and "storage of information on systems or networks at direction of users." In general, the College must implement reasonable policy for terminating accounts of repeat offenders; not interfere with standard technical measures to protect copyrighted material; and have procedures for dealing with DMCA Notices of Copyright Infringement, and take down or block access to infringing material.

Fort Lewis College supports compliance with copyright law. Unauthorized copying, distribution and certain other uses of copyrighted material are illegal and can expose you to severe civil and criminal liability under copyright law. This applies to all types of copyrighted works, including music, movies, software, games, and other literary and artistic works.

Protecting intellectual property and controlling costs, including the cost of Internet bandwidth, benefits everyone. Downloading unauthorized copies of music and movies is not only illegal, but it is an abuse of campus network resources that can interfere with the academic pursuits of other students and faculty. The Higher Education Opportunity Act of 2008 required the College to create a "Policy and Plan to Combat Unauthorized Distribution of Copyrighted Material and Peer-to-peer (P2P) File Sharing," and notify prospective and enrolled students of institutional polices and sanctions related to copyright infringement.

Fort Lewis College Policy 6-10 Accepatble Use of Information Technology

Definition:

Copyright Infringement: Any violation of the exclusive rights of a copyright owner.

See Also Copyright Notice Example Digital Millenium Copyright Act (DMCA) Fort Lewis College Information on DMCA Peer-to-Peer File Sharing & Infringement Legal Sources of Online Content Fort Lewis College Policy 6-10 Acceptable Use of Information Technology





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