cooperate with, and, to the maximum extent practicable, coordinate his activities with other interested Federal agencies.

(b) Adequate consideration of views of Federal agencies; mediation of disagreements.

The Secretary shall not approve the management program submitted by a state pursuant to section 1455 of this title unless the views of Federal agencies principally affected by such program have been adequately considered. In case of serious disagreement between any Federal agency and the state in the development of the program the Secretary, in cooperation with the Executive Office of the President, shall seek to mediate the differences.

(c) Consistency of Federal activities with state management programs; certification.

(1) Each Federal agency conducting or supporting activities directly affecting the coastal zone shall conduct or support those activities in a manner which is, to the maximum extent practicable, consistent with approved state management programs.

(2) Any Federal agency which shall undertake any development project in the coastal zone of a state shall insure that the project is, to the maximum extent practicable, consistent with approved state management programs.

(3) After final approval by the Secretary of a state's management program, any applicant for a required Federal license or permit to conduct an activity affecting land or water uses in the coastal zone of that state shall provide in the application to the licensing or permitting agency a certification that the proposed activity complies with the state's approved program and that such activity will be conducted in a manner consistent with the program. At the same time, the applicant shall furnish to the state or its designated agency a copy of the certification, with all necessary information and data. Each coastal state shall establish procedures for public notice in the case of all such certifications and, to the extent it deems appropriate, procedures for public hearings in connection therewith. At the earliest practicable time, the state or its designated agency shall notify the Federal agency concerned that the state concurs with or objects to the applicant's certification. If the state or its designated agency fails to furnish the required notification within six months after receipt of its copy of the applicant's certification, the state's concurrence with the certification shall be conclusively presumed. No license or permit shall be granted by the Federal agency until the state or its designated agency has concurred with the applicant's certification or until, by the state's failure to act, the concurrence is conclusively presumed, unless the Secretary, on his own initiative or upon appeal by the applicant, finds after providing a reasonable opportunity for detailed comments from the Federal agency involved and from the state, that the activity is consistent with the objectives of this chapter or is otherwise necessary in the interest of national security.

(d) Application of local governments for Federal assistance; relationship of activities with approved management programs.

State and local governments submitting applications for Federal assistance under other Federal programs affecting the coastal zone shall indicate the views of the appropriate state or local agency as to the relationship of such activities to the approved management program for the coastal zone. Such applications shall be submitted and coordinated in accordance with the provisions of title IV of the Intergovernmental Coordination Act of 1968. Federal agencies shall not approve proposed projects that are inconsistent with a coastal state's management program, except upon a finding by the Secretary that such project is consistent with the purposes of this chapter or necessary in the interest of national security.

(e) Construction with other laws.

Nothing in this chapter shall be construed

(1) to diminish either Federal or state jurisdiction, responsibility, or rights in the field of planning, development, or control of water resources, submerged lands, or navigable waters; nor to displace, supersede, limit, or modify any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more states or of two or more states and the Federal Government; nor to limit the authority of Congress to authorize and fund projects;

(2) as superseding, modifying, or repealing existing laws applicable to the various Federal agencies; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board, and the United States operating entity or entities established pursuant to the Columbia River Basin Treaty, signed at Washington, January 17, 1961, or the International Boundary and Water Commission, United States and Mexico.

(f) Construction with existing requirements of water and air pollution programs.

Notwithstanding any other provision of this chapter, nothing in this chapter shall in any way affect any requirement (1) established by the Federal Water Pollution Control Act, as amended, or the Clean Air Act, as amended, or (2) established by the Federal Government or by any state or local government pursuant to such Acts. Such requirements shall be incorporated in any program developed pursuant to this chapter and shall be the water pollution control and air pollution control requirements applicable to such program.

(g) Concurrence with programs which affect inland

areas.

When any state's coastal zone management program, submitted for approval or proposed for modification pursuant to section 1455 of this title, includes requirements as to shorelands which also would be subject to any Federally supported national land use program which may be hereafter enacted, the Secretary, prior to approving such program, shall obtain the concurrence of the Secretary

of the Interior, or such other Federal official as may be designated to administer the national land use program, with respect to that portion of the coastal zone management program affecting such inland areas. (Pub. L. 89-454, title III, § 307, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1285.)

REFERENCES IN TEXT

The Intergovernmental Coordination Act of 1968, referred to in text, presumably refers to the Intergovernmental Cooperation Act of 1968. Title IV thereof is classified to section 4231 et seq. of Title 42, The Public Health and Welfare.

The Federal Water Pollution Control Act and the Clean Air Act, referred to in text, are classified, respectively, to section 1251 et seq. of Title 33, Navigation and Navigable Waters, and section 1857 et seq. of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1453, 1462 of this title.

§ 1457. Public hearings.

All public hearings required under this chapter must be announced at least thirty days prior to the hearing date. At the time of the announcement, all agency materials pertinent to the hearings, including documents, studies, and other data, must be made available to the public for review and study. As similar materials are subsequently developed, they shall be made available to the public as they become available to the agency. (Pub. L. 89-454, title III, § 308, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287.)

§ 1458. Review of performance; termination of financial assistance.

(a) The Secretary shall conduct a continuing review of the management programs of the coastal states and of the performance of each state.

(b) The Secretary shall have the authority to terminate any financial assistance extended under section 1455 of this title and to withdraw any unexpended portion of such assistance if (1) he determines that the state is failing to adhere to and is not Justified in deviating from the program approved by the Secretary; and (2) the state has been given notice of the proposed termination and withdrawal and given an opportunity to present evidence of adherence or justification for altering its program. (Pub. L. 89-454, title III, § 309, as added Pub. L. 92583, Oct. 27, 1972, 86 Stat. 1287.)

§ 1459. Records and audit.

(a) Each recipient of a grant under this chapter shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant, the total cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of the grant that are pertinent to the determination that funds granted are used in accordance with this chapter.

(Pub. L. 89-454, title III, § 310, as added Pub. L. 92583, Oct. 27, 1972, 86 Stat. 1287.)

§ 1460. Coastal Zone Management Advisory Committee. (a) The Secretary is authorized and directed to establish a Coastal Zone Management Advisory Committee to advise, consult with, and make recommendations to the Secretary on matters of policy concerning the coastal zone. Such committee shall be composed of not more than fifteen persons designated by the Secretary and shall perform such functions and operate in such a manner as the Secretary may direct. The Secretary shall insure that the committee membership as a group possesses a broad range of experience and knowledge relating to problems involving management, use, conservation, protection, and development of coastal zone

resources.

(b) Members of the committee who are not regular full-time employees of the United States, while serving on the business of the committee, including traveltime, may receive compensation at rates not exceeding $100 per diem; and while so serving away from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5 for individuals in the Government service employed intermittently. (Pub. L. 89-454, title III, § 311, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287.) § 1461. Estuarine sanctuaries.

The Secretary, in accordance with rules and regulations promulgated by him, is authorized to make available to a coastal state grants of up to 50 per centum of the costs of acquisition, development, and operation of estuarine sanctuaries for the purpose of creating natural field laboratories to gather data and make studies of the natural and human processes occurring within the estuaries of the coastal zone. The Federal share of the cost for each such sanctuary shall not exceed $2,000,000. No Federal funds received pursuant to section 1454 or 1455 of this title shall be used for the purpose of this section. (Pub. L. 89-454, title III, § 312, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1464 of this title. § 1462. Annual report.

(a) The Secretary shall prepare and submit to the President for transmittal to the Congress not later than November 1 of each year a report on the administration of this chapter for the preceding fiscal year. The report shall include but not be restricted to (1) an identification of the state programs approved pursuant to this chapter during the preceding Federal fiscal year and a description of those programs; (2) a listing of the states participating in the provisions of this chapter and a description of the status of each state's programs and its accomplishments during the preceding Federal fiscal year; (3) an itemization of the allocation of funds to the various coastal states and a breakdown of the major projects and areas on which these funds were expended; (4) an identification of any state programs which have been reviewed and disapproved or with

respect to which grants have been terminated under this chapter, and a statement of the reasons for such action; (5) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 1456 of this title, are not consistent with an applicable approved state management program; (6) a summary of the regulations issued by the Secretary or in effect during the preceding Federal fiscal year; (7) a summary of a coordinated national strategy and program for the Nation's coastal zone including identification and discussion of Federal, regional, state, and local responsibilities and functions therein; (8) a summary of outstanding problems arising in the administration of this chapter in order of priority; and (9) such other information as may be appropriate.

(b) The report required by subsection (a) of this section shall contain such recommendations for additional legislation as the Secretary deems necessary to achieve the objectives of this chapter and enhance its effective operation. (Pub. L. 89-454, title III, § 313, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288.)

§ 1463. Rules and regulations.

The Secretary shall develop and promulgate, pursuant to section 553 of Title 5, after notice and opportunity for full participation by relevant Federal agencies, state agencies, local governments, regional

organizations, port authorities, and other interested parties, both public and private, such rules and regulations as may be necessary to carry out the provisions of this chapter. (Pub. L. 89-454, title III, § 314, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288.) § 1464. Authorization of appropriations.

(a) There are authorized to be appropriated—

(1) the sum of $9,000,000 for the fiscal year ending June 30, 1973, and for each of the fiscal years 1974 through 1977 for grants under section 1454 of this title, to remain available until expended;

(2) such sums, not to exceed $30,000,000, for the fiscal year ending June 30, 1974, and for each of the fiscal years 1975 through 1977, as may be necessary, for grants under section 1455 of this title to remain available until expended; and

(3) such sums, not to exceed $6,000,000 for the fiscal year ending June 30, 1974, as may be necessary, for grants under section 1461 of this title, to remain available until expended.

(b) There are also authorized to be appropriated such sums, not to exceed $3,000,000, for fiscal year 1973 and for each of the four succeeding fiscal years, as may be necessary for administrative expenses incident to the administration of this chapter. (Pub. L. 89-454, title III, § 315, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1289.)

Chapter 1.-REGISTRATION OF COPYRIGHTS

§1. Exclusive rights as to copyrighted works.

Any person entitled thereto, upon complying with the provisions of this title, shall have the exclusive right:

(f) To reproduce and distribute to the public by sale or other transfer of ownership, or by rental, lease, or lending, reproductions of the copyrighted work if it be a sound recording: Provided, That the exclusive right of the owner of a copyright in a sound recording to reproduce it is limited to the right to duplicate the sound recording in a tangible form that directly or indirectly recaptures the actual sounds fixed in the recording: Provided further, That this right does not extend to the making or duplication of another sound recording that is an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording; or to reproductions made by transmitting organizations exclusively for their own use.

In case of failure of such manufacturer to pay to the copyright proprietor within thirty days after demand in writing the full sum of royalties due at said rate at the date of such demand, the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter Judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this title, not exceeding three times such amount.

(As amended Oct. 15, 1971, Pub. L. 92–140, § 1(a), 85 Stat. 391.)

AMENDMENTS

1971-Subsec. (f). Pub. L. 92-140 added subsec. (f). EFFECTIVE AND TERMINATION DATE OF 1971 AMENDMENT

Section 3 of Pub. L. 92-140 provided that: "This Act shall take effect four months after its enactment [Oct. 15, 1971] except that section 2 of this Act [amending section 101 of this title] shall take effect immediately upon its enactment. The provisions of title 17, United States Code, as amended by section 1 of this Act [amending this section and sections 5, 19, 20 and 26 of this title] shall apply only to sound recordings fixed, published, and copyrighted on and after the effective date of this Act and before January 1, 1975, and nothing in title 17, United States Code, as amended by section 1 of this Act, shall be applied retroactively or be construed as affecting in any way any rights with respect to sound recordings fixed before the effective date of this Act."

§ 5. Classification of works for registration.

The application for registration shall specify to which of the following classes the work in which copyright is claimed belongs:

(n) Sound recordings.

Page 381

(As amended Oct. 15, 1971, Pub. L. 92-140, § 1(b), 85 Stat. 391.)

AMENDMENTS

1971-Subsec. (n). Pub. L. 92-140 added subsec. (n). EFFECTIVE AND TERMINATION DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-140 applicable only to sound recordings fixed, published and copyrighted on or after four months after Oct. 15, 1971 and before Jan. 1, 1975, see section 3 of Pub. L. 92-140, set out as a note under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 26 of this title. § 10. Publication of work with notice.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 26 of this title.

§ 11. Registration of claim and issuance of certificate. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 26 of this title. § 13. Deposit of copies after publication; action or proceeding for infringement.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 26 of this title. §14. Same; failure to deposit; demand; penalty.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 26 of this title. § 19. Notice; form.

The notice of copyright required by section 10 of this title shall consist either of the word "Copyright”, the abbreviation "Copr.", or the symbol ©, accompanied by the name of the copyright proprietor, and if the work be a printed literary, musical, or dramatic work, the notice shall include also the year in which the copyright was secured by publication. In the case, however, of copies of works specified in subsections (f) to (k), inclusive, of section 5 of this title, the notice may consist of the letter C enclosed within a circle, thus O, accompanied by the initials, monogram, mark, or symbol of the copyright proprietor: Provided, That on some accessible portion of such copies or of the margin, back, permanent base, or pedestal, or of the substance on which such copies shall be mounted, his name shall appear. But in the case of works in which copyright was subsisting on July 1, 1909, the notice of copyright may be either in one of the forms prescribed herein or may consist of the following words: "Entered according to Act of Congress, in the year , by A. B., and in the office of the Librarian of Congress, at Washington, D.C.," or, at his option, the word "Copyright", together with the year the copyright was entered and the name of the party by whom it was taken out; thus, "Copyright, 19—, by A. B." In the case of reproductions of works specified in subsection (n) of section 5 of this title, the notice shall consist of the symbol ℗ (the

letter P in a circle), the year of first publication of the sound recording, and the name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner: Provided, That if the producer of the sound recording is named on the labels or containers of the reproduction, and if no other name appears in conjunction with the notice, his name shall be considered a part of the notice. (As amended Oct. 15, 1971, Pub. L. 92140, § 1 (c), 85 Stat. 391.)

AMENDMENTS

1971-Pub. L. 92-140 specified the form of notice to be used in the case of reproductions of sound recordings as specified in subsec. (n) of section 5 of this title. EFFECTIVE AND TERMINATION DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-140 applicable only to sound recordings fixed, published and copyrighted on or after four months after Oct. 15, 1971 and before Jan. 1, 1975, see section 3 of Pub. L. 92-140, set out as a note under section 1 of this title.

§ 20. Same; place of application of; one notice in each volume or number of newspaper or periodical.

The notice of copyright shall be applied, in the case of a book or other printed publication, upon its title page or the page immediately following, or if a periodical either upon the title page or upon the first page of text of each separate number or under the title heading, or if a musical work either upon its title page or the first page of music, or if a sound recording on the surface of reproductions thereof or on the label or container in such manner and location as to give reasonable notice of the claim of copyright. One notice of copyright in each volume or in each number of a newspaper or periodical published shall suffice. (As amended Oct. 15, 1971, Pub. L. 92-140, § 1(d), 85 Stat. 391.)

AMENDMENTS

1971-Pub. L. 92-140 provided for the location of the notice on a sound recording.

EFFECTIVE AND TERMINATION DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-140 applicable only to sound recordings fixed, published and copyrighted on or after four months after Oct. 15, 1971 and before Jan. 1, 1975, see section 3 of Pub. L. 92-140, set out as a note under section 1 of this title.

§ 21. Same; effect of accidental omission from copy or copies.

SECTION REFERRED TO IN OTHER SECTION

This section is referred to in section 26 of this title. § 24. Duration; renewal and extension. EXTENSION UNTIL DECEMBER 31, 1974, OF RENEWAL TERMS EXPIRING PRIOR TO SUCH DATE

Pub. L. 92-566, § 1, Oct. 25, 1972, 86 Stat. 1181, provided: "That in any case in which the renewal term of copyright subsisting in any work on the date of approval of this resolution [Oct. 25, 1972], or the term thereof as extended by Public Law 87-668, by Public Law 89-142, by Public Law 90-141, by Public Law 90-416, by Public Law 91-147, by Public Law 91-555, or by Public Law 92-170 (or by all or certain of said laws) [set out as notes under this section], would expire prior to December 31, 1974, such term is hereby continued until December 31, 1974." EXTENSION UNTIL DECEMBER 31, 1972, OF RENEWAL TERMS EXPIRING PRIOR TO SUCH DATE

Pub. L. 92-170, Nov. 24, 1971, 85 Stat. 490, provided: "That in any case in which the renewal term of copyright subsisting in any work on the date of approval of this resolution [Nov. 24, 1971], or the term thereof as ex

tended by Public Law 87-668, by Public Law 89-142, by Public Law 90-141, by Public Law 90-416, by Public Law 91-147, or by Public Law 91-555 (or by all or certain of said laws), would expire prior to December 31, 1972, such term is hereby continued until December 31, 1972."

§ 26. Terms defined.

In the interpretation and construction of this title "the date of publication" shall in the case of a work of which copies are reproduced for sale or distribution be held to the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority, and the word "author" shall include an employer in the case of works made for hire. For the purposes of this section and sections 10, 11, 13, 14, 21, 101, 106, 109, 209, 215, but not for any other purpose, a reproduction of a work described in subsection 5(n) shall be considered to be a copy thereof. "Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture. "Reproductions of sound recordings" are material objects in which sounds other than those accompanying a motion picture are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, and include the "parts of instruments serving to reproduce mechanically the musical work", "mechanical reproductions”, and “interchangeable parts, such as discs or tapes for use in mechanical musicproducing machines" referred to in sections 1(e) and 101(e) of this title. (As amended Oct. 15, 1971, Pub. L. 92-140, § 1(e), 85 Stat. 391.)

AMENDMENTS

1971-Pub. L. 92-140 defined "sound recordings", "reproductions of sound recordings" and provided that for the purposes of certain enumerated sections only, reproductions of a work described in section 5(n) of this title shall be considered a copy thereof.

EFFECTIVE AND TERMINATION DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-140 applicable only to sound recordings fixed, published and copyrighted on or after four months after Oct. 15, 1971 and before Jan. 1, 1975, see section 3 of Pub. L. 92-140, set out as a note under section 1 of this title.

Chapter 2.-INFRINGEMENT PROCEEDINGS § 101. Infringement.

If any person shall infringe the copyright in any work protected under the copyright laws of the United States such person shall be liable:

(e) Interchangeable parts for use in mechanical music-producing machines.

Interchangeable parts, such as discs or tapes for use in mechanical music-producing machines adapted to reproduce copyrighted musical works, shall be considered copies of the copyrighted musical works which they serve to reproduce mechanically for the purposes of this section 101 and sections 106 and 109 of this title, and the unauthorized manufacture, use, or sale of such interchangeable parts shall constitute an infringement of the copyrighted work