§901 — Title 17 Copyrights | U.S. Code

Summary

Defines key words used in the chapter about semiconductor chips and the designs used to make them. "Semiconductor chip product" means a finished or partly finished item made on semiconductor material with two or more patterned layers that work as electronic circuitry. "Mask work" means the set of related images that show the three‑dimensional pattern of material placed on or removed from the chip layers, with each image showing one form of the product's surface. "Fixed" means the mask work is stored in the product in a stable way so it can be seen or copied for more than a very short time. "Distribute" means to sell, lease, transfer, or offer to do so. "Commercially exploit" means giving the public a chip product with the mask work for business reasons; an offer counts only if it is in writing and happens after the mask work is fixed. "Owner" is the creator (or their legal representative), or whoever receives all the rights; if made as part of employment, the employer owns it. "Innocent purchaser" is someone who buys in good faith without knowing the mask work is protected. "Notice of protection" means actually knowing or having good reason to believe the mask work is protected. "Infringing semiconductor chip product" is one made, imported, or distributed in violation of the mask work owner's exclusive rights. If a larger product includes a semiconductor chip product, selling or importing that larger product counts as selling or importing the chip product itself.

Title 17, §901

Copyrights — Source: USLM XML via OLRC

(a)As used in this chapter—

(1)a “semiconductor chip product” is the final or intermediate form of any product—

(A)having two or more layers of metallic, insulating, or semiconductor material, deposited or otherwise placed on, or etched away or otherwise removed from, a piece of semiconductor material in accordance with a predetermined pattern; and

(B)intended to perform electronic circuitry functions;

(2)a “mask work” is a series of related images, however fixed or encoded—

(A)having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and

(B)in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product;

(3)a mask work is “fixed” in a semiconductor chip product when its embodiment in the product is sufficiently permanent or stable to permit the mask work to be perceived or reproduced from the product for a period of more than transitory duration;

(4)to “distribute” means to sell, or to lease, bail, or otherwise transfer, or to offer to sell, lease, bail, or otherwise transfer;

(5)to “commercially exploit” a mask work is to distribute to the public for commercial purposes a semiconductor chip product embodying the mask work; except that such term includes an offer to sell or transfer a semiconductor chip product only when the offer is in writing and occurs after the mask work is fixed in the semiconductor chip product;

(6)the “owner” of a mask work is the person who created the mask work, the legal representative of that person if that person is deceased or under a legal incapacity, or a party to whom all the rights under this chapter of such person or representative are transferred in accordance with section 903(b); except that, in the case of a work made within the scope of a person’s employment, the owner is the employer for whom the person created the mask work or a party to whom all the rights under this chapter of the employer are transferred in accordance with section 903(b);

(7)an “innocent purchaser” is a person who purchases a semiconductor chip product in good faith and without having notice of protection with respect to the semiconductor chip product;

(8)having “notice of protection” means having actual knowledge that, or reasonable grounds to believe that, a mask work is protected under this chapter; and

(9)an “infringing semiconductor chip product” is a semiconductor chip product which is made, imported, or distributed in violation of the exclusive rights of the owner of a mask work under this chapter.

(b)For purposes of this chapter, the distribution or importation of a product incorporating a semiconductor chip product as a part thereof is a distribution or importation of that semiconductor chip product.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Authorization of Appropriations Pub. L. 98–620, title III, § 304, Nov. 8, 1984, 98 Stat. 3356, provided that: “There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this title and the

Amendments

made by this title [enacting this chapter].”

§901 Definitions

Summary

Title 17, §901

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Amendments

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