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cludes compilations and derivative works, but protection for a work employing pre-existing material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.

(b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the pre-existing material employed in the work, and does not imply any exclusive right in the pre-existing material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the pre-existing material. $ 104. Subject matter of copyright: National origin

(a) UNPUBLISHED Works.— The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author.

(b) Published Works. The works specified by sections 102 and 103, when published, are subject to protection under this title if

(1) on the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a foreign nation that is a party to a copyright treaty to which the U'nited States is also a party; or

(2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is a party to the Universal Copyright Convention of 1952; or

(3) the work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or

(4) the work comes within the scope of a Presidential proclamation. Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domicili. aries of the United States or to works that are first published in the U'nited States, copyright protection on substantially the same basis as that on which the foreign nation extends protection to works of its own nationals and domiciliaries and works first published in that nation, he may by proclamation extend protection under this title to works of which one or more of the authors is, on the date of first publication, a national, domiciliary, or sovereign authority of that nation, or which was first published in that nation. The President may revise, suspend, or revoke any

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1 such proclamation or impose any conditions or limitations on
2 protection under a proclamation.
3 (c) The expropriation, by a governmental organization of a for-
4 eign country, of a copyright, or the right to secure a copyright, or
5 any right comprised in a copyright, or any right in a work for which
6 copyright may be secured, or the transfer of a copyright or of any such
7 right, or the power to authorize any use of the work thereunder, from
8 the author or copyright owner to a governmental agency of a foreign
9 country pursuant to any law, decree, regulation, order or other action
10 of the government effecting or requiring such transfer, shall not be
11 given effect for the purposes of this title.
12 $ 105. Subject matter of copyright: United States Government
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works
14 Copyright protection under this title is not available for any work
15 of the United States Government, but the United States Government
16 is not precluded from receiving and holding copyrights transferred
17 to it by assignment, bequest, or otherwise.
18 § 106. Exclusive rights in copyrighted works

Subject to sections 107 through 117, the owner of copyright under 20 this title has the exclusive rights to do and to authorize any of the 21 following:

(1) to reproduce the copyrighted work in copies or phono23 records; 24

(2) to prepare derivative works based upon the copyrighted 25

work; 26

(3) to distribute copies or phonorecords of the copyrighted 27 work to the public by sale or other transfer of ownership, or by

rental, lease, or lending; 29

(4) in the case of literary, musical, dramatic, and choreographic 30 works, pantomimes, motion pictures and other audiovisual works, 31 to perform the copyrighted work publicly: 32

(5) in the case of literary, musical, dramatic and choreographic 33 works, pantomimes, and pictorial, graphic, or sculptural works, 34 including the individual images of a motion picture or other 35 audiovisual work, to display the copyrighted work publicly. 36 $ 107. Limitations on exclusive rights: Fair use 37 Notwithstanding the provisions of section 106, the fair use of a 38 copyrighted work, including such use by reproduction in copies or 39 phonorecords or by any other means specified by that section, for pur40 poses such as criticism, comment, news reporting, teaching, scholar

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1 ship, or research, is not an infringement of copyright. In determining 2 whether the use made of a work in any particular case is a fair use 3 the factors to be considered shall include: 4

(1) the purpose and character of the use; 5

(2) the nature of the copyrighted work; 6

(3) the amount and substantiality of the portion used in re7 lation to the copyrighted work as a whole; and 8

(4) the effect of the use upon the potential market for or value 9 of the copyrighted work. 10 $ 108. Limitations on exclusive rights: Reproduction by libraries 11

and archives 12 (a) Notwithstanding the provisions of section 106, it is not an in13 fringement of copyright for a library or archives, or any of its em

ployees acting within the scope of their employment, to reproduce no 15 more than one copy or phonorecord of a work, or distribute such copy 16 or phonorecord, under the conditions specified by this section, if: 17

(1) The reproduction or distribution is made without any pur18 pose of direct or indirect commercial advantage; 19

(2) The collections of the library or archives are (i) open to the 20 public, or (ii) available not only to researchers affiliated with the 21 library or archives or with the institution of which it is a part, but 22 also to other persons doing research in a specialized field; and 23

(3) The reproduction or distribution of the work includes a 24 notice of copyright. 25 (b) The rights of reproduction and distribution under this section 26 apply to a copy or phonorecord of an unpublished work duplicated in 27 farsimile form solely for purposes of preservation and security or for 28 deposit for research use in another library or achives of the type de29 scibed by clause (2) of subsection (a), if the copy or phonorecord

reproduced is currently in the collections of the library or archives. 31 (c) The right of reproduction under this section applies to a copy 32 or phonorecord of a published work duplicated in facsimile form solely 33 for the purpose of replacement of a copy or phonorecord that is dam34 aged, deteriorating, lost, or stolen, if the library or archives has, after 35 a reasonable effort, determined that an unused replacement cannot be 36 obtained at a fair price. 37 (d) The rights of reproduction and distribution under this section 38 apply to a copy, made from the collection of a library or archives 39 where the user makes his request or from that of another library or 40 archives, of no more than one article or other contribution to a copy

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1 righted collection or periodical issue, or to a copy or phonorecord of a 2 small part of any other copyrighted work, if: 3

(1) The copy becomes the property of the user, and the library 4 or archives has had no notice that the copy would be used for any 5 purpose other than private study, scholarship, or research; and 6

(2) The library or archives displays prominently, at the place 7 where orders are accepted, and includes on its order form, a warn8 ing of copyright in accordance with requirements that the Reg9 ister of Copyrights shall prescribe by regulation. 10 (e) The rights of reproduction and distribution under this section 11 apply to the entire work, or to a substantial part of it, made from the 12 collection of a library or archives where the user makes his request or 13 from that of another library or archives, if the library or archives has 14 first determined, on the basis of a reasonable investigation that a copy 15 or phonorecord of the copyrighted work cannot be obtained at a fair 16 price, if : 17

(1) The copy becomes the property of the user, and the library 18 or archives has had no notice that the copy would be used for any 19 purpose other than private study, scholarship, or research; and 20

(2) The library or archives displays prominently, at the place 21 where orders are accepted, and includes on its order form, a warn22 ing of copyright in accordance with requirements that the Register 23 of Copyrights shall prescribe by regulation. 24 (f) Nothing in this section25 (1) shall be construed to impose liability for copyright in26 fringement upon a library or archives or its employees for the un27 supervised use of reproducing equipment located on its premises, 28 provided that such equipment displays a notice that the making 29 of a copy may be subject to the copyright law; 30

(2) excuses a person who uses such reproducing equipment or 31 who requests a copy under subsection (d) from liability for copy32 right infringement for any such act, or for any later use of such 33 copy, if it exceeds fair use as provided by section 107; 34

(3) in any way affects the right of fair use as provided by sec35 tion 107, or any contractual obligations assumed at any time by 36 the library or archives when it obtained a copy or phonorecord of 37 a work in its collections; 38 (4) shall be construed to limit the reproduction and distribu39 tion of a limited number of copies and excerpts by a library or

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1 archives of an audiovisual news program subject to clauses (1), 2 (2), and (3) of subsection (a). 3 (g) The rights of reproduction and distribution under this section

extend to the isolated and unrelated reproduction or distribution of a 5 single copy or phonorecord of the same material on separate occasions, 6 but do not extend to cases where the library or archives, or its 7 employee: 8

(1) is aware or has substantial reason to believe that it is 9 engaging in the related or concerted reproduction or distribution 10 of multiple copies or phonorecords of the same material, whether 11 made on one occasion or over a period of time, and whether 12 intended for eggregate use by one or more individuals or for sepa13 rate use by the individual members of a group; or 14 (2) engages in the systematic reproduction or distribution of 15 single or multiple copies or phonorecords of material described 16 in subsection (d). 17 (h) The rights of reproduction and distribution under this section 18 do not apply to a musical work, a pictorial, graphic or sculptural work, 19 or a motion picture or other audiovisual work other than an audio20 visual work dealing with news, except that no such limitation shall 21 apply with respect to rights granted by subsections (b) and (c). 22 $109. Limitations on exclusive rights: Effect of transfer of par23

ticular copy or phonorecord 24 (a) Notwithstanding the provisions of section 106(3), the owner of 26 a particular copy or phonorecord lawfully made under this title, or any 26 person authorized by him, is entitled, without the authority of the 27 copyright owner, to sell or otherwise dispose of the possession of that 28 copy or phonorecord. 29 (b) Notwithstanding the provisions of section 106(5), the owner 30 of a particular copy lawfully made under this title, or any person 31 authorized by him, is entitled, without the authority of the copyright

owner, to display that copy publicly, either directly or by the projec33 tion of no more than one image at a time, to viewers present at the 34 place where the copy is located. 35 (c) The privileges prescribed by subsections (a) and (b) do not, 36 unless authorized by the copyright owner, extend to any person who

has acquired possession of the copy or phonorecord from the copy. 38 right owner, by rental, lease, loan, or otherwise, without acquiring 39 ownership of it.

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