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1 cludes compilations and derivative works, but protection for a work 2 employing pre existing material in which copyright subsists does not 3 extend to any part of the work in which such material has been used unlawfully

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(b). The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as dis

7 tinguished from the pre existing material employed in the work, and does not imply any exclusive right in the pre existing material. 9 The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copy 11_right protection in the pre-exating material

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12 § 104. Subject matter of copyright: National origin

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(8) Unpublished WORKS The works specified by sections 102 and 10% while unpublished, are subject to protection under this title with out regard to the nationality or domicile of the author

bi Puntisiten Works. The works specified by sections 102 and 195, when published, are subject to protection under this title if

(1) on the date of first pul lication, one or more of the authors is a national or domaclary of the United States or is a national domcollary, or movere gn authority of a foreign nation that is a party to a copyr ght treaty to which the United States is also a party or

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

(1) the work is first published by the United Nations or any of ta spev nized agencies, or by the Organizat on of American

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comes w.fan the scope of a Pres. Jest al prew la Paton. Whenever the President is that a part. at fore gn Pat nexter in to works by a „thors who are nationals or does are of the United States or to works that are first telited States, of vt gut protection of malefant a

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ann me that cita w 1, the foreign nat on exten is protection to •kn of trown rat ora's and dena har en and works first pal Feel that natin he may by proclamat on exter 1 pontext, t

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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 foreign country, of a copyright, or the right to secure a copyright, or any right comprised in a copyright, or any right in a work for which copyright may be secured, or the transfer of a copyright or of any such right, or the power to authorize any use of the work thereunder, from the author or copyright owner to a governmental agency of a foreign 9 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.

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§ 105. Subject matter of copyright: United States Government

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.

18 § 106. Exclusive rights in copyrighted works

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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 choreographie works, pantom mess, 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, graphie, 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 we by reproduction in copies or 39 phonorecords or by any other means specified by that section, for pur 40 poses such as critimism, come ** reporting, teaching, scholar

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ship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use

the factors to be considered shall include

(1) the purpose and character of the use;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and

(4) the effect of the use upon the potential market for or value oft f the copyrighted work.

§ 10%, Limitations on exclusive rights: Reproduction by libraries

and archives

(a) Notwithstanding the provisions of section 196, it is not an in13 fringement of copyright for a library or archives, or any of its em piovres acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, or distribute such copy 16 – or plonorword, under the conditions specified by this section, if

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(1). The reproduction or distribution is made without any pur pose of direct or indirect commercial advantage,

(2). The collections of the library or archives are (1) open to the fable, or (11) available not only to researchers affiliated with the library or archives or with the institution of who hit is a part but a so to other persona doing research in a special red he dard The reproduction or distribution of the work in li, les a tet. x of op vragit

b. De rights of reprodu, tion and distribution under this set.on affy to a copy or phonorword of an ut putoshed work d „piscated in

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fa urae form war y for purposes of preservation and secur ty or for dejumst for research uw in another aheary or achives of the type de we need toy la ame (2) of muhnection (a), if the copy or prostorecord rug pad armed in currently in the on 'estions of the library of an !..ven en. Die right of reproduction under thin sect on apples to a copy up pine-exend of a piturbed work iijii- ated in face the form, modely the jotjame of rep wement of a copy or plonores or that is dam ngevi -beteriorati j-mt et stort if the 13 rary or an hours has after a reamma' so effort, detett „ned that an ut anevi Tej

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

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(1) The copy becomes the property of the user, and the library or archives has had no notice that the copy would be used for any purpose other than private study, scholarship, or research; and (2) The library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(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 collection of a library or archives where the user makes his request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if :

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(1) The copy becomes the property of the user, and the library or archives has had no notice that the copy would be used for any purpose other than private study, scholarship, or research; and (2) The library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(f) Nothing in this section- --

(1) shall be construed to impose hability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducing equ pment located on its premises provided that such equipment displays a notice that the making of a copy may be subject to the copyright law;

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

(3) in any way affects the right of fair use as provided by sec tion 107, or any contractual obligations assumed at any time by the library or archives when it obtained a copy or phonorecord of a work in its collections;

(4) shall be construed to limit the reproduction and distribu tion of a limited number of copies and excerpts by a library or

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archives of an audiovisual news program subject to clauses (1), (2) and (3) of subsection (a).

(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

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(1) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for eggregate use by one or more individuals or for sepa rate use by the individual members of a group; or

(2) engages in the systematic reproduction or distribution of angle or multiple copies or phonorecords of material described in subsection (d).

ch. The rights of reproduction and distribution under this section do not apply to a musical work a pictorial, graphic or wei,'ptural work, or a motion picture or other audiovisual work other than an auto vimal work dealing with news, ex-ept that no such limitation shall 21 apply with respect to rights granted by subsections (b) and (e) 21109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord

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ca) Notwithstanding the provisions of section 106-31, the owner of particu ar copy or phonorecord lawfully made under th=title or any person authorized by him, is entitied, without the authority of the *11* g't owner, to well or otherwise dispose of the possession of t) at muj v or phonorecord

the owner

by Notw thataning the provincta of sect on lor of a part u'ar copy law for y made ur fer this t t'e, or any person, Butler zed by him is entitied without the authority of the cup vr.ght owner to disp ay that copy pubi -ly either directly or by the prosne tart of two marry than one stage at a titur, to viewers present at the aw where the upon a low atel

I pris leges prescribed by a „lines tona casati cho do not other, and by the og yright owner extend to any person who kan arı,, reci jemaremot of the copy or pli torecord from the copy fig"t owner by resta, lease loan of otherwise

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