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§ 110. Limitations on exclusive rights: Exemption of certain performances and displays

Notwithstanding the provisions of section 106, the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;

(2) performance of a nondramatic literary or musicial work or display of a work, by or in the course of a transmission, if:

(A) the performance or display is a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution; and

(B) the performance or display is directly related and of material assistance to the teaching content of the transmission; and

(C) the transmission is made primarily for:

(i) reception in classrooms or similar places normally devoted to instruction, or

(11) reception by persons to whom the transmission is directed because their disabilities or other special circumstances prevent their attendance in classrooms or similar places normally devoted to instruction, or

(iii) reception by officers or employees of governmental bodies as a part of their official duties or employment:

(3) performance of a nondramatic literary or musical work or of a dramatico musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly;

(4) performance of a nondramatic literary or muscal work otherwise than in a transmission to the public without ary pur pose of direct or indirect coromercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if

(A) there is no direct or indirect admission charge, or

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(B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educa tional, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of his objections to the performance under the following conditions:

(1) The notice shall be in writing and signed by the copyright owner or his duly authorized agent, and

(11) The notice shall be served on the person respon sible for the performance at least seven days before the date of the performance, and shall state the reasons for his objections; and

(111) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation;

(5) communication of a transmission embodying a performance or display of a work by the public reception of the transnuss on on a single receiving apparatus of a kind commonly used in pri vate homes, unless

(A) a direct charge is made to we or hear the transm1..8

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161 performance of a not dramat e mois, al work in the course of an ant sal agr, så tural or hortis, taral fair or exh bution out do ted by a governanerta" body or a not profit agrica't urai or her t, q'tarai organ zat of;

(7) performat, e of a tor ira" atie man al work by a ver ding fab ihnend open to the pull, at large without any direct or and rest adr, mooty Large, where the sole purpose of the perform anee ja to ↑ fun, de the retail sale of og en or photorecords of the work and the jerf mate is not trans: tted beyond the ↑ where the estat atrent m locate i

{111. Limitations on exclusive rights; Secondary transmissions 185 CERTAIN ME entary Transmise na Exemptin. I e mori

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mitted by a broadcast station licensed by the Federal Communica tions Commission, within the local service area of such station, to the private lodgings of guests or residents of such establishment, and no direct charge is made to see or hear the secondary transmission; or

(2) the secondary transmission is made solely for the purpose and under the conditions specified by clause (2) of section 110; or (3) the secondary transmission is made by a common, contract, or special carrier who has no direct or indirect control over the content or selection of the primary transmission or over the particular recipients of the secondary transmission, and whose activities with respect to the secondary transmission consist solely of providing wires, cables, or other communications channels for the use of others: Provided, That the provisions of this clause extend only to the activities of said carrier with respect to secondary transmissions and do not exempt from hability the activities of others with respect to their own primary or secondary transmis.

sion; or

(4) the secondary transmission is not made by a cable system but is made by a governmental body, or other nor profit organization, without any purpose of direct or 1.direct commetvial advantage, and without charge to the recip.eats of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintain.ng and operating the secondary transmis

sion service.

(b) SECONDARY TRANSMISSION OF PRIMARY TRANSMISSION TO CoxTROLLED GROUP Notw tastand. gta provisions of subsestions (a) and co), the secondary transmission to the pable of a primary trans. Hussion, embody bg a performance or display of a work is action vole as an act of infringement under se tion 301, and as fully subject to the remedies provided by sections 3/22 through Gen, of the primary trans...on is not made for reception, by tapaa at age but is con33 trolled and limited to trxption by part, dar tech ers of the paly (C) Scondary IRUNSMISSIONS BY CABLE SYSTEMS,-

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ali seal jest to the provisions of chuse (2) of this subsection, sec ondary Palesti,ss,ons to the pubic by a cabe system of a primary transmission made by a broadcast station 1: xnsed by the Federal Co: in, ations Coffinuss on and embodying a performance or dis pay of a work sliku, be subject to comp iisory, licensing upon cor pli ance with the requirenants of su section od in the following cases.

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(A) Where the signals comprising the primary transmiss of. are ex lusively aural atol the secondary transtuss.on is per 18 sch le under the rules, regulations or authorizations of the Federal Con murications Commission; or

(B) Where the community of the cable system is in whole or in part within the local service area of the primary traist tter.

or

(C) Where the carriage of the signals comprising the se ond ary transmission is permissible under the rules, regulation 11 Of authorizations of the Federal Communications Comitiss ofi

(2) Notwortostar ding P e provisions of cla is 115 of this » Josection, the secur fary transmission to the pubne by a cable system, of a pri 13 mary trafemamoni made by a broadcast station hoctised by the Fed eral formatat ora Come as on aed embodying a performår å or 15 faplay of a work is actionable as an act of "fringement, at der ston 5! and is fully subject to the ruasies provided by sextans 302 through thứ in the follow; go ames

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A) Where the carriage of the signa's con prising the second any frames west, is not permine.bie under the rules, regulations of wuthor zat ots of the Federal Commur „ationen Cot

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such proclamation or impose any conditions or limitations on protection under a proclamation.

(c) The expropriation, by a governmental organization of a for

4 eign country, of a copyright, or the right to secure a copyright, or

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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

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the author or copyright owner to a governmental agency of a foreign country pursuant to any law, decree, regulation, order or other action of the government effecting or requiring such transfer, shall not be given effect for the purposes of this title.

12 § 105. Subject matter of copyright: United States Government

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works

Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.

§ 106. Exclusive rights in copyrighted works

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

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending:

(4) in the case of literary, musical, dramatic, and choreographic works, pantom-mes, motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic and choreographie works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly.

§ 107. Limitations on exclusive rights: Fair use

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 pur 40 poses such as criticism, comment, news reporting, teaching, scholar

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