Title 17 — CopyrightsRelease 119-73
§912 Relation to other laws
Title 17 › Chapter CHAPTER 9— - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS › § 912
Summary
Keeps any rights or remedies a person already has under chapters 1–8 or 10 of this title, or under title 35. Mentions of “this title” or “title 17” in those chapters do not apply to this chapter, unless section 908(b) says otherwise. Overrides state laws that give the same rights for mask works, but only for lawsuits filed on or after January 1, 1986. It does not reduce any rights for mask works first sold or used before July 1, 1983, under other federal law, state law, or common law.
Full Legal Text
Title 17, §912
Copyrights — Source: USLM XML via OLRC
(a)Nothing in this chapter shall affect any right or remedy held by any person under chapters 1 through 8 or 10 of this title, or under title 35.
(b)Except as provided in section 908(b) of this title, references to “this title” or “title 17” in chapters 1 through 8 or 10 of this title shall be deemed not to apply to this chapter.
(c)The provisions of this chapter shall preempt the laws of any State to the extent those laws provide any rights or remedies with respect to a mask work which are equivalent to those rights or remedies provided by this chapter, except that such preemption shall be effective only with respect to actions filed on or after January 1, 1986.
(d)Notwithstanding subsection (c), nothing in this chapter shall detract from any rights of a mask work owner, whether under Federal law (exclusive of this chapter) or under the common law or the statutes of a State, heretofore or hereafter declared or enacted, with respect to any mask work first commercially exploited before July 1, 1983.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1992—Subsecs. (a), (b). Pub. L. 102–563 inserted “or 10” after “8”. 1988—Subsecs. (d), (e). Pub. L. 100–702 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “The provisions of section 1338, 1400(a), and 1498(b) and (c) of title 28 shall apply with respect to exclusive rights in mask works under this chapter.”
Reference
Citations & Metadata
Citation
17 U.S.C. § 912
Title 17 — Copyrights
Last Updated
Apr 6, 2026
Release point: 119-73