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1 $110. Limitations on exclusive rights: Exemption of certain per

formances 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 piace devoted to instruction, unless, in the case of a motion picture or other sudawisual 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:

21 performance of a nor iramate Iterary or musical work or disp av of a work, by or in the course of a traust see if A the performance or display is a regular part of the sveerais debatona, at vities of a governmenta body or mrrvofit educatura netetxe (and

the perform ane e dears 2 wery related and of mama' &care to the teach is seenean of the

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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 s.ble for the performance at least seven days before the date of the performance, and shall state the reasons for his objections; and

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

(5) commufucation of a transmission embody.ng a performance or display of a work by the public reception of the transn..ss.on on a single receiving apparatus of a kind commonly used in pri vate homes, unless ·

(A) a direct charge is made to see or hear the transm..s Bon; or

(B) the transmon thus received is further transmitted to the puble,

cha performance of a not dramatic muiscal work in the course of an ant sal agri altural or hortion taral fair or ex), but on con du ted by a governmenta' body or a not profit agricu1t .rai or løst t. u't arai organ, rat on;

17ð þærform are of a not irar atm. 19 a' work by a ver 1 :. shment open to the pill at large thout any d rest or rire ta in...mon farge, where the ale purpose of the perform stre a to je ode the reta i na'e of cop en or phororecords of the work and the jerf in in food frats: tted beyond the p

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[111. Limitations on exclusive rights: Secondary transmissions TAY CERTAIN SE-story Inson sa EXEMPmm Te moni

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expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, or film, in which they are embodied.

"Motion pictures" are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.

To "perform" a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.

"Phonorecords" are material objects in which sounds other than those accompanying a motion picture or other audiovisual work, 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. The term "phonorecords" includes the material object in which the sounds are first fixed.

"Pictorial, graphic, and sculptural works" include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, plans, diagrams, and models.

A "pseudonymous work" is a work on the copies or phonorecords, of which the author is identified under a fictitious name. "Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, publie performance, or public display, constitutes publication. A publie performance or display of a work does not of itself constitute publication.

To perform or display a work “pubbely” means t

(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outs.de of a normal car le of a family and its social acquaintances 19 gathered;

(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the pubire, by means of any device or process, whether the

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members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

"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 or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied.

"State" includes the District of Columbia and the Commonwealth of Puerto Rico, and any territories to which this title is made applicable by an act of Congress.

A "transfer of copyright ownership" is an assignment, mort gage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive hoense

A “transmision program” is a body of material that, as an aggregate, has been produced for the sole purpose of transm1981on to the public in sequence and as a unit

To "transmit” a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent

The "United States” when used in a geographical serise, com prises the several States, the District of Columbia and the Com monwealth of Puerto Rion, and the organized territories under the urish tion of the United States Government

A "useful article” is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the art, le or to convey information. An article that is normally a part of a useful arti-le in considerevi a "useful article "

The author's "widow" or "widower" is the author a survivat se ulcher the law of has domicile at the time of his death whether or not the spouse has later remarried

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A "work of the United States Government” is a work prepared ver or emplover of the United States Government as part

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(2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion pieture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, as a photographic or other portrait of one or more persons, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. A "supplementary work" is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining. revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements. answer material for tests, bibliographies, appendixes, and indexes. An "instructional text" is a literary, pictorial, or

graphic work prepared for publication with the purpose of use in systematic instructional activities.

§ 102. Subject matter of copyright: In general

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works;

(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;

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(5) pictorial, graphic, and sculptural works;

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(6) motion pictures and other audiovisual works;

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17) sound recordings,

th). In no case does copyright protection for an original work of authorship extend to any idea, plan, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it as des ribed, explained, illustrated, or embodied in such work.

§ 103. Subject matter of copyright: Compilations and derivative works

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(a). The subject matter of copyright as specified by section 102 in

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