Title 17CopyrightsRelease 119-73

§913 Transitional provisions

Title 17 › Chapter CHAPTER 9— - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS › § 913

Last updated Apr 6, 2026|Official source

Summary

No one can file for registration under section 908, and no civil lawsuits under section 910 or other enforcement actions under this chapter can start, until 60 days after the chapter became law. Money damages under section 911 cannot be awarded for things that happened before the chapter became law, except as described next. Except for the 60‑day wait, the chapter applies to mask works that are first sold or first registered on or after the chapter became law. Mask works first sold between July 1, 1983 and the date the chapter became law can get protection here if a claim is registered in the Copyright Office before July 1, 1985. For those works, infringing chip product units made before the chapter became law may be imported or sold in the United States without liability until two years after the work is registered, but only if the importer or seller first pays or offers to pay the reasonable royalty in section 907(a)(2) to the mask work owner for all such units. If they do not pay or offer that royalty, the owner can seek the relief in sections 910 and 911.

Full Legal Text

Title 17, §913

Copyrights — Source: USLM XML via OLRC

(a)No application for registration under section 908 may be filed, and no civil action under section 910 or other enforcement proceeding under this chapter may be instituted, until sixty days after the date of the enactment of this chapter.
(b)No monetary relief under section 911 may be granted with respect to any conduct that occurred before the date of the enactment of this chapter, except as provided in subsection (d).
(c)Subject to subsection (a), the provisions of this chapter apply to all mask works that are first commercially exploited or are registered under this chapter, or both, on or after the date of the enactment of this chapter.
(d)(1)Subject to subsection (a), protection is available under this chapter to any mask work that was first commercially exploited on or after July 1, 1983, and before the date of the enactment of this chapter, if a claim of protection in the mask work is registered in the Copyright Office before July 1, 1985, under section 908.
(2)In the case of any mask work described in paragraph (1) that is provided protection under this chapter, infringing semiconductor chip product units manufactured before the date of the enactment of this chapter may, without liability under section 910 and 911, be imported into or distributed in the United States, or both, until two years after the date of registration of the mask work under section 908, but only if the importer or distributor, as the case may be, first pays or offers to pay the reasonable royalty referred to in section 907(a)(2) to the mask work owner, on all such units imported or distributed, or both, after the date of the enactment of this chapter.
(3)In the event that a person imports or distributes infringing semiconductor chip product units described in paragraph (2) of this subsection without first paying or offering to pay the reasonable royalty specified in such paragraph, or if the person refuses or fails to make such payment, the mask work owner shall be entitled to the relief provided in section 910 and 911.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this chapter, referred to in text, is the date of enactment of Pub. L. 98–620, which was approved Nov. 8, 1984.

Reference

Citations & Metadata

Citation

17 U.S.C. § 913

Title 17Copyrights

Last Updated

Apr 6, 2026

Release point: 119-73