2017 US Code
Title 17 - Copyrights
Chapter 9 - Protection of Semiconductor Chip Products
Sec. 907 - Limitation on exclusive rights: innocent infringement

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Citation 17 U.S.C. § 907 (2017)
Section Name §907. Limitation on exclusive rights: innocent infringement
Section Text

(a) Notwithstanding any other provision of this chapter, an innocent purchaser of an infringing semiconductor chip product—

(1) shall incur no liability under this chapter with respect to the importation or distribution of units of the infringing semiconductor chip product that occurs before the innocent purchaser has notice of protection with respect to the mask work embodied in the semiconductor chip product; and

(2) shall be liable only for a reasonable royalty on each unit of the infringing semiconductor chip product that the innocent purchaser imports or distributes after having notice of protection with respect to the mask work embodied in the semiconductor chip product.


(b) The amount of the royalty referred to in subsection (a)(2) shall be determined by the court in a civil action for infringement unless the parties resolve the issue by voluntary negotiation, mediation, or binding arbitration.

(c) The immunity of an innocent purchaser from liability referred to in subsection (a)(1) and the limitation of remedies with respect to an innocent purchaser referred to in subsection (a)(2) shall extend to any person who directly or indirectly purchases an infringing semiconductor chip product from an innocent purchaser.

(d) The provisions of subsections (a), (b), and (c) apply only with respect to those units of an infringing semiconductor chip product that an innocent purchaser purchased before having notice of protection with respect to the mask work embodied in the semiconductor chip product.

Source Credit

(Added Pub. L. 98–620, title III, §302, Nov. 8, 1984, 98 Stat. 3350.)

Publication Title United States Code, 2012 Edition, Supplement 5, Title 17 - COPYRIGHTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 17 - COPYRIGHTS
CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
Sec. 907 - Limitation on exclusive rights: innocent infringement
Contains section 907
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 98 Stat. 3350
Public Law References Public Law 98-620
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