39
that section shall be made in accordance with the provisions of title 17 as amended by this title.
Sec. 111. Section 2318 of title 18 of the United States Code is amended to read as follows:
Ҥ 2318. Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels
“(a) Whoever knowingly and with fraudulent intent transports, causes to be transported, receives, sells, ·or offers for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other articles on which sounds are recorded, to which or upon which is stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited shall be fined not more than $25,000 or imprisoned for not more than three years, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned not more than seven years or both, for any subsequent offense.
“(b) When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed.
“(c) Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).”.
Sec. 112. All causes of action that arose under title 17 before January 1, 1977, shall be governed by title 17 as it existed when the cause of action arose.
Sec. 113. If any provision of title 17, as amended by this title, is declared unconstitutional, the validity of the remainder of the title is not affected.
TITLE II—PROTECTION OF ORNAMENTAL DESIGNS OF USEFUL ARTICLES
designs protected
Sec. 201. (a) The author or other proprietor of an original ornamental design of a useful article may secure the protection provided by this title upon complying with and subject to the provisions hereof.
(b) For the purposes of this title—
(1) A “useful article” is an article which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is a part of a useful article shall be deemed to be a useful article.
(2) The “design of a useful article”, hereinafter referred to as a “design”, consists of those aspects or elements of the article, including its two-dimensional or three-dimensional features of shape and surface, which make up the appearance of the article.
(3) A design is “ornamental” if it is intended to make the article attractive or distinct in appearance.
(4) A design is “original” if it is the independent creation of an author who did not copy it from another source.
designs not subject to protection
Sec. 202. Protection under this title shall not be available for a design that is—
- (a) not original;
- (b) staple or commonplace, such as a standard geometric figure, familiar symbol, emblem, or motif, or other shape, pattern, or configuration which has become common, prevalent, or ordinary;
- (c) different from a design excluded by subparagraph (b) above only in insignificant details or in elements which are variants commonly used in the relevant trades; or
- (d) dictated solely by utilization function of the article that embodies it;
- (e) composed of three-dimensional features of shape and surface with respect to men’s, women’s, and children’s apparel, including undergarments and outerwear.
