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Form MW For Mask Works Form. This is a Official Federal Forms form and can be use in US Copyright Office.
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Space 7: Citizenship or Domicile of Owner at Time of First Commercial Exploitation þ Eligibility for protection may depend on the nationality or domicile of the owner of a commercially ex-ploited mask work at the time of first commercial exploitation. Complete this space if the mask work that is the subject of this application was com-mercially exploited, and if the nationality or domicile of the owner at the time of first commercial exploitation is different from that given in space 4.Space 8: Nature of Contribution þ Mask works generally contain preexisting material that is common in the semiconductor indus-try. Such material is not protectable. However, if staple designs are combined in a way that is original, the new authorship may be protected. Further, portions of a work that may have been previously commercially exploited or previously registered for protection may not be included in the claim.Give a brief general statement that describes the new protectable contribu-tion that is the basis of this claim. This statement may, if appropriate, refer to any previous mask work upon which the mask work being registered is based, as an aid in distinguishing the new contribution from the preexisting material. Note: Protection does not extend to the functions of the semicon-ductor chip product.Spaces 922612: Correspondence þ In space 9, give the name, address, email, and daytime telephone number of the con-tact person if further information about þ this claim is needed.Deposit Account. Complete space 10 if an existing deposit account is to be charged for the filing fee.Certi037cation. A person authorized to certify the facts asserted in this applica-tion, must sign the application.Address for Return of Certi037cate. The name and address must be completed legibly. The certificate will be mailed in a window envelope.SPACE BY SPACE INSTRUCTIONSSpace 1: Title þ Every work submitted for registration must be given a title for purposes of cataloging and identification. This title may include the name of the semiconductor chip product in which the mask work is embodied, e.g., 223ASTRA 2014,224 223Memory Cell 5522,224 or 223Register X22.224Space 2: Nature of Deposit þ Give a short description of the object(s) deposited as identifying material, e.g., 223chips plus seven of nine acetate layers,224 223acetate color overlay sheets,224 or 223composite plot.224Spaces 32265: Information About Current Owner(s) þ The owner of a mask work is (1) the person who created the mask work; (2) the legal representative of that person if that person is de-ceased or under a legal incapacity; (3) the employer for whom a person cre-ated the mask work within the scope of his or her employment; or (4) the party to whom all the rights of such a person, employer, or representative are transferred. Give the name(s) and address(es) of the current owner(s) of the mask work that is the subject matter of this application. Use a continuation sheet if additional space is needed.Give the citizenship or domicile of the current owner in space 4.If the current owner is not the person who created the mask work that is the subject matter of this application, check the appropriate box in space 5 to explain how the owner acquired the right to claim protection in this mask work. Note: If the current owner is a company or organization, one of the boxes must be checked.Space 6: Date and Nation of First Commercial Exploitation þ To 223commercially exploit224 a mask work is to distribute to the public for commercial purposes a semiconductor chip product embodying the mask work. The offering to sell or transfer a semiconductor chip product is a commercial exploitation only when the offer is in writing and occurs after the fixation of a mask work in a semiconductor chip product.If this mask work has been commercially exploited anywhere in the world, give the exact date (month, day, and year) and the nation of first commercial exploita-tion. If the work has not yet been commercially exploited, leave this space blank.Notice: The owner of a protected mask work may affix a notice of ownership to the mask work, mask, and semiconductor chip product embodying the mask work in a manner and location that gives reasonable notice of the claim to protection. The notices consists of (1) the words mask work, the symbol *M*, or the symbol 265 and (2) the name of the owner(s) of the rights in the mask work or an abbreviation by which the name is recognized or generally known. Affixation of such a notice is optional and not a condition of protec-tion but provides certain benefits.Further InformationLibrary of CongressCopyright Office226COPUBSPublications Section101 Independence Avenue, SEWashington, DC 20559Tel: (202) 707-3000 or 1-877-476-0778 (toll free)Web: www.copyright.govUse this form to register a claim for protection in a mask work that is fixed in a semiconductor chip product by or under authority of the owner of the mask work. A mask work is a series of related images, however fixed or en-coded (1) that have or represent the predetermined three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) in which series the rela-tion of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product.To be protected, a mask work must be original. The mask work cannot consist solely of designs that are staple, commonplace, or familiar in the semiconductor industry, or variations of such designs, combined in a way that, considered as a whole, are not original (17 U.S.C. 247902 (b)). Protection for a mask work does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery associated with a mask work, regardless of the form in which it is described, explained, illustrated, or embodied in a mask work (17 U.S.C. 247902 (c)).Note: Protection for mask works is not copyright protection. The legal requirements for mask work protection differ from those for copyright pro-tection in terms of eligibility for protection, ownership rights, registration procedures, term of protection, and remedies for rights violations.Term of Protection: Protection for a mask work begins on the date the mask work is registered with the Copyright Office or the date the mask work is first commercially exploited anywhere in the world, whichever occurs first. Protec-tion lasts for 10 years (terminating at the end of the 10th calendar year after it began). To secure protection of mask works for the entire 10-year term, owners must register their works with the Copyright Office within two years of the date on which the mask work is first commercially exploited. Otherwise, protection will be lost.Deposit: The deposit consists of identifying material as specified by Copyright Office regulations (37 C.F.R. 247211). For more information, see www.copyright.gov/title37/211 or www.copyright.gov/circs/circ100.pdf. 1 2 3, 4, 5 64 þ Form MW 8 7 9, þ 10, þ 11, þ 12PRIVACY ACT ADVISORY STATEMENT, Required by the Privacy Act of 1974 (P.L. 93-579): The authority for requesting this information is title 17 U.S.C. 247908, which provides for mandatory registration of claims to mask work protection. Furnishing of the information is voluntary, but if the information is not furnished, it is probable that registration will be refused. Unless a judicial appeal should result in an order compelling registration, any inchoate rights in the mask work would be forfeited at the expiration The principal uses of the requested information are the examination of the application for registration to determine compliance with legal requirements and the establishment and maintenance of a public record of claims of protection.Other routine uses include public inspection and copying, preparation of public indexes, preparation of public catalogs of mask work registrations, and preparation of search reports upon request.NOTE: No other advisory statement will be given in connection with this applica-tion. Please keep this statement and refer to it if we communicate with you regarding this app