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device. The term "copies" includes the material object, other than a phonorecord, in which the work is first fixed.

“Copyright owner,” with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right.

A work is "created” when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.

A "derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work."

A "device," "machine," or "process" is one now known or later developed.

To "display” a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.

A work is "fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is "fixed" for purposes of this title if a fixation of the work is being made simultaneously with its transmission.

The terms “including" and "such as” are illustrative and not limitative.

A "joint work" is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.

“Literary works” are works other than audiovisual works, expressed in words, numbers, or other verbal or numerical sym

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bols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, or film, in which they are embodied.

A transmitting organization's "local service area” is defined in accordance with the provisions of section 111(f) (2) (C).

"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, and, in the case of a sound recording, to make audible the sounds fixed in it.

“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 photorecords 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, public performance, or public display, constitutes publication. To perform or display a work “publicly" means :

(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered ;

(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to

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the public, by means of any device or process, whether the 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, mortgage, 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 license.

A “transmission program" is a body of material that, as an aggregate, has been produced for the sole purpose of transmission 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 sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction 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 article or to convey information. An article that is normally a part of a useful article is considered a "useful article."

The author's "widow" or "widower" is the author's surviving spouse under the law of his domicile at the time of his death, whether or not the spouse has later remarried.

A "work of the United States Government” is a work prepared by an officer or employee of the United States Government as part of his official duties. A "work made for hire” is:

(1) a work prepared by an employee within the scope of his.employment; or

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(2) a work specially ordered or commissioned for use as 2

a contribution to a collective work, as a part of a motion pic3

ture or other audiovisual work, as a translation, as a supple4

mentary work, as a compilation, as an instructional text, as 5

a test, as answer material for a test, as a photographic or 6

other portrait of one or more persons, or as an atlas, if the 7

parties expressly agree in a written instrument signed by 8

them that the work shall be considered a work made for hire. 9

A "supplementary work” is a work prepared for publication 10

as a secondary adjunct to a work by another author for the 11

purpose of introducing, concluding, illustrating, explaining, 12

revising, commenting upon, or assisting in the use of the other 13

work, such as forewords, afterwords, pictorial illustrations, 14

maps, charts, tables, editorial notes, musical arrangements, 15

answer material for tests, bibliographies, appendixes, and 16

indexes. An “instructional text” is a literary, pictorial, or 17

graphic work prepared for publication with the purpose of 18

use in systematic instructional activities. 19

§ 102. Subject matter of copyright: In general 20

(a) Copyright protection subsists, in accordance with this title, in 21 original works of authorship fixed in any tangible medium of expres22 sion, now known or later developed, from which they can be perceived, 23 .reproduced, or otherwise communicated, either directly or with the aid 24

of a machine or device. Works of authorship include the following 25 categories: 26

(1) literary works; 27 (2) musical works, including any accompanying words; 28

(3) dramatic works, including any accompanying music; 29

(4) pantomimes and choreographic works; 30

(5) pictorial, graphic, and sculptural works; 31

(6) motion pictures and other audiovisual works; 32

(7) sound recordings. 33 (b) In no case does copyright protection for an original work of 34 authorship extend to any idea, plan, procedure, process, system, 35 method of operation, concept, principle, or discovery, regardless of the 36 form in which it is described, explained, illustrated, or embodied in such

work. 38 g 103. Subject matter of copyright: Compilations and derivative 39

works 40 (a) The subject matter of copyright as specified by section 102 in

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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 4 unlawfully. 5 (b) The copyright in a compilation or derivative work extends 6 only to the material contributed by the author of such work, as dis7 tinguished from the pre-existing material employed in the work, 8 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 10 or enlarge the scope, duration, ownership, or subsistence of, any copy11 right protection in the pre-existing material. 12 $104. Subject matter of copyright: National origin 13 (a) UNPUBLISHED WORKB.— The works specified by sections 102 and 14 103, while unpublished, are subject to protection under this title with15 out regard to the nationality or domicile of the author. 16 (b) PUBLISHED WORKS.—The works specified by sections 102 and 17 103, when published, are subject to protection under this title if18 (1) on the date of first publication, one or more of the authors 19 is a national or domiciliary of the United States, or is a national, 20 domiciliary, or sovereign authority of a foreign nation that is a 21 party to a copyright treaty to which the United States is also a

party; or 23 (2) the work is first published in the United States or in a for

eign nation that, on the date of first publication, is a party to the 25 Universal Copyright Convention of 1952; or 26 (3) the work is first published by the United Nations or any 27 of its specialized agencies, or by the Organization of American 28 States; or 29 (4) the work comes within the scope of a Presidential procla30 mation. Whenever the President finds that a particular foreign 31 nation extends, to works by authors who are nationals or domicili32 aries of the United States or to works that are first published in 33 the United States, copyright protection on substantially the same 34 basis as that on which the foreign nation extends protection to 35 works of its own nationals and domiciliaries and works first pub36 lished in that nation, he may by proclamation extend protection 37 under this title to works of which one or more of the authors is, 38 on the date of first publication, a national, domiciliary, or sov39 ereign authority of that nation, or which was first published in 40 that nation. The President may revise, suspend, or revoke any

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