Page:United States Statutes at Large Volume 112 Part 5.djvu/129

 PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2887 SEC. 302. LIMITATIONS ON EXCLUSIVE RIGHTS; COMPUTER PRO- GRAMS. Section 117 of title 17, United States Code, is amended— (1) by striking "Notwithstanding" and inserting the following: " (a) MAKING OF ADDITIONAL COPY OR ADAPTATION BY OWNER OF COPY. — Notwithstanding"; (2) by striking "Any exact" and inserting the following: "(b) LEASE, SALE, OR OTHER TRANSFER OF ADDITIONAL COPY OR ADAPTATION. —Any exact"; and (3) by adding at the end the following: "(c) MACHINE MAINTENANCE OR REPAIR. —Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if— "(1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and "(2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine. "(d) DEFINITIONS.—For purposes of this section— "(1) the 'maintenance' of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and "(2) the 'repair' of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine.". TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. PROVISIONS RELATING TO THE COMMISSIONER OF PATENTS AND TRADEMARKS AND THE REGISTER OF COPYRIGHTS (a) COMPENSATION.—(1) Section 3(d) of title 35, United States Code, is amended by striking "prescribed by law for Assistant Secretaries of Commerce" and inserting "in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code". (2) Section 701(e) of title 17, United States Code, is amended— (A) by striking "IV" and inserting "III"; and (B) by striking "5315" and inserting "5314". (3) Section 5314 of title 5, United States Code, is amended by adding at the end the following: "Assistant Secretary of Commerce and Commissioner of Patents and Trademarks. "Register of Copyrights. ". (b) CLARIFICATION OF AUTHORITY OF THE COPYRIGHT OFFICE. — Section 701 of title 17, United States Code, is amended— 59-194O-98 -5:QL3Part5

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