17 U.S.C. §901 - §914
Full Text
- As used in this chapter -
- a "semiconductor chip product" is the final or intermediate form of any product -
- 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
- intended to perform electronic circuitry functions;
- a "mask work" is a series of related images, however fixed or encoded -
- 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
- 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;
- 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;
- to "distribute" means to sell, or to lease,
bail, or otherwise transfer, or to offer to sell, lease, bail, or
otherwise transfer;
- 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;
- 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);
- 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;
- having "notice of protection" means having
actual knowledge that, or reasonable grounds to believe that, a mask
work is protected under this chapter; and
- 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.
- 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.