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Applicability. This section shall apply to any Act or Acts that

occur on or after the date of the enactment of the Uruguay Round

Agreements Act.

Title 28 - Judiciary and Judicial Procedure

Part IV - Jurisdiction and Venue

Chapter 85 - District Courts; Jurisdiction

Sec. 1338. Patents, plant variety protection, copyrights, mask works,

trade-marks, and unfair competition {4}

(a) The district courts shall have original jurisdiction of any civil

action arising under any Act of Congress relating to patents, plant

variety protection, copyrights and trade-marks. Such jurisdiction shall

be exclusive of the courts of the states in patent, plant variety

protection and copyright cases.

(b) The district courts shall have original jurisdiction of any civil

action asserting a claim of unfair competition when joined with a

substantial and related claim under the copyright, patent, plant variety

protection or trade-mark laws.

(c) Subsections (a) and (b) apply to exclusive rights in mask works

under chapter 9 of title 17 to the same extent as such subsections apply

to copyrights.

Chapter 91 - United States Court of Federal Claims

Sec. 1498. Patent and copyright cases [5]

(b) Hereafter, whenever the copyright in any work protected under the

copyright laws of the United States shall be infringed by the United

States, by a corporation owned or controlled by the United States, or by

a contractor, subcontractor, or any person, firm, or corporation acting

for the Government and with the authorization or consent of the

Government, the exclusive action which may be brought for such

infringement shall be an action by the copyright owner against the

United States in the Court of Federal Claims for the recovery of his

reasonable and entire compensation as damages for such infringement,

including the minimum statutory damages as set forth in section 504(c)

of title 17, United States Code: Provided, That a Government employee

shall have a right of action against the Government under this

subsection except where he was in a position to order, influence, or

induce use of the copyrighted work by the Government: Provided, however,

That this subsection shall not confer a right of action on any copyright

owner or any assignee of such owner with respect to any copyrighted work

prepared by a person while in the employment or service of the United

States, where the copyrighted work was prepared as a part of the

official functions of the employee, or in the preparation of which

Government time, material, or facilities were used: And provided

further, That before such action against the United States has been

instituted the appropriate corporation owned or controlled by the United

States or the head of the appropriate department or agency of the

Government, as the case may be, is authorized to enter into an agreement

with the copyright owner in full settlement and compromise for the

damages accruing to him by reason of such infringement and to settle the

claim administratively out of available appropriations.

Except as otherwise provided by law, no recovery shall be had for any

infringement of a copyright covered by this subsection committed more

than three years prior to the filing of the complaint or counterclaim

for infringement in the action, except that the period between the date

of receipt of a written claim for compensation by the Department or

agency of the Government or corporation owned or controlled by the

United States, as the case may be, having authority to settle such claim

and the date of mailing by the Government of a notice to the claimant

that his claim has been denied shall not be counted as a part of the

three years, unless suit is brought before the last-mentioned date.

(c) The provisions of this section shall not apply to any claim arising

in a foreign country.

(e) Subsections (b) and (c) of this section apply to exclusive rights in

mask works under chapter 9 of title 17 to the same extent as such

subsections apply to copyrights.

Title 44 - Public Printing and Documents

Chapter 21 - National Archives and Records Administration

Sec. 2117. Limitation on liability [6]

When letters and other intellectual productions (exclusive of patented

material, published works under copyright protection, and unpublished

works for which copyright registration has been made) come into the

custody or possession of the Archivist, the United States or its agents

are not liable for infringement of copyright or analogous rights arising

out of use of the materials for display, inspection, research,

reproduction, or other purposes.

Appendix VII Endnotes

1 In 1962, section 2318, entitled "Transportation, sale, or receipt of

phonograph records bearing forged or counterfeit labels," was added to

title 18 of the United States Code. Pub. L. No. 87-773, 76 Stat. 775.

In 1974, section 2318 was amended to change the penalties. Pub. L. No.

93-573, 88 Stat. 1873. The Copyright Act of 1976 revised section 2318

with an amendment in the nature of a substitute. Pub. L. No. 94-553, 90

Stat. 2541, 2600. The Piracy and Counterfeiting Amendments Act of 1982

again revised section 2318 with an amendment in the nature of a

substitute that included a new title, "Trafficking in counterfeit labels

for phonorecords, and copies of motion pictures or other audiovisual

works." Pub. L. No. 97-180, 96 Stat. 91. The Crime Control Act of 1990

made a technical amendment to section 2318 to delete the comma after

"phonorecords" in the title. Pub. L. No. 101-647, 104 Stat. 4789, 4928.

In 1994, section 2318(c)(1) was amended by inserting "section 46501 of

title 49" in lieu of "section 101 of the Federal Aviation Act of 1958.

Pub. L. No. 103-272, 108 Stat. 745, 1374. The Violent Crime Control and

Law Enforcement Act of 1994 amended section 2318(a) by inserting "under

this title" in lieu of "not more than $250,000." Pub. L. No. 103-322,

108 Stat. 1796, 2148. (As provided in 18 U.S.C. Sec. 3571, the maximum

fine for an individual is $250,000, and the maximum fine for an

organization is $500,000.)

The Anticounterfeiting Consumer Protection Act of 1996 amended section

2318 by changing the title, by amending subsection (a) to insert "a

computer program or documentation" through to "knowingly traffics in

counterfeit documentation or packaging for a computer program" in lieu

of "a motion picture or other audiovisual work" and by amending

subsection (b)(3) to insert "computer program" after "motion picture."

Pub. L. No. 104-153, 110 Stat. 1386. The Act also amended section

2318(c) by inserting "a copy of a copyrighted computer program or

copyrighted documentation or packaging for a computer program" into

paragraph (3) and by adding paragraph (4). Id. at 1387.

2 The Piracy and Counterfeiting Amendments Act of 1982 added section

2319 to title 18 of the United States Code. Pub. L. No. 97-180, 96

Stat. 91, 92. In 1992, section 2319 was amended by substituting a new

subsection (b), by deleting "sound recording," "motion picture" and

"audiovisual work" from subsection (c)(1) and by substituting "120" for

"118" in subsection (c)(2). Pub. L. No. 102-561, 106 Stat. 4233. In

1997, a technical amendment corrected the spelling of "last" in

subsection (b)(1) to "least." Pub. L. No. 105-80, 111 Stat. 1529, 1536.

In 1997, the No Electronic Theft Act amended section 2319 of title 18 as

follows: 1) in subsection (a) by inserting "and (c)" after "subsection

(b),"; 2) in subsection (b), in the matter preceding paragraph (1), by

inserting "section 506(a)(1) of title 17" in lieu of "subsection (a) of

this section,"; 3) in subsection (b)(1) by inserting "including by

electronic means" and by inserting "which have a total retail value" in

lieu of "with a retail value," 4) by redesignating subsection (c) as

subsection (e); and 5) by adding new subsections (c) and (d). Pub. L.

No. 105-147, 111 Stat. 2678. The Act also directed the United States

Sentencing Commission to "ensure that the applicable guideline range for

a defendant convicted of a crime against intellectual property . . . is

sufficiently stringent to deter such a crime" and to "ensure that the

guidelines provide for consideration of the retail value and quantity of

the items with respect to which the crime against intellectual property

was committed." Id. See also endnote 5, chapter 5, supra.

3 In 1994, the Uruguay Round Agreements Act added section 2319A to

title 18 of the United States Code. Pub. L. No. 103-465, 108 Stat.

4809, 4974. In 1997, the No Electronic Theft Act amended section 2319A

by redesignating subsections (d) and (e) as subsections (e) and (f),

respectively, and by adding subsection (d). Pub. L. No. 105-147, 111

Stat. 2678. See also endnote 2, supra, regarding the United States

Sentencing Commission.

4 In 1948, section 1338, entitled "Patents, copyrights, trade-marks,

and unfair competition," was added to title 28 of the *United States

Code.* Pub. L. No. 773, 62 Stat. 869, 931. In 1970, the title of section

1338 and the text of subsection (b) were amended to insert "plant

variety protection" after "patent." Pub. L. No. 91-577, 84 Stat. 1542,

In 1988, the Judicial Improvements and Access to Justice Act

amended section 1338 by adding "mask works" to the title and by adding

subsection (c). Pub. L. No. 100-702, 102 Stat. 4642, 4671.

5 In 1960, section 1498 of the United States Code was amended to add

subsections (b) and (c). Pub. L. No. 86-726, 74 Stat. 855. The Copyright

Act of 1976 amended section 1498(b) to insert "section 504(c) of title

17" in lieu of "section 101(b) of title 17." Pub. L. No. 94-553, 90

Stat. 2541, 2599. The Federal Courts Improvement Act of 1982 amended

section 1498(a) to insert "United States Claims Court" in lieu of "Court

of Claims" and, in subsections (b) and (d), to insert "Claims Court" in

lieu of "Court of Claims," wherever it appeared. Pub. L. No. 97-164, 96

Stat. 25, 40. In 1988, the Judicial Improvements and Access to Justice

Act amended section 1498 by adding subsection (e). Pub. L. No. 100-702,

102 Stat. 4642, 4671. The Federal Courts Administration Act of 1992

amended section 1498 by inserting "United States Court of Federal

Claims" in lieu of "United States Claims Court," wherever it appeared,

and by inserting "Court of Federal Claims" in lieu of "Claims Court,"

wherever it appeared. Pub. L. No. 102-572, 106 Stat. 4506, 4516. In

1997, the No Electronic Theft (NET) Act amended section 1498(b) to

insert "action which may be brought for such infringement shall be an

action by the copyright owner" in lieu of "remedy of the owner of such

copyright shall be by action." Pub. L. No. 105-147, 111 Stat. 2678,

2680.

6 In 1968, section 2113, entitled "Limitation on liability," was added

to title 44 of the United States Code. Pub. L. No. 90-620, 82 Stat.

1238, 1291. The Copyright Act of 1976 amended section 2113 in its

entirety. Pub. L. No. 94-553, 90 Stat. 2541, 2599. The National Archives

and Records Administration Act of 1984 amended section 2113 by

redesignating it as section 2117 and by inserting "Archivist" in lieu of

"Administrator of General Services." Pub. L. No. 98-497, 98 Stat. 2280

and 2286.

09-Aug-2001

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