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Act amended section act of infringement action application arbitration royalty panel audiovisual Berne Convention Implementation cable system chapter claim clause compulsory license Convention Implementation Act copies or phonorecords copyright arbitration royalty Copyright Office copyright owner court December 31 deposit determination digital audio recording distribution effective date enactment exclusive rights Federal Communications Commission filed inserting Librarian of Congress lieu mask material motion picture negotiated network station nondramatic musical notice performance or display Performances and Phonograms person primary transmission proceedings Public Broadcasting Service purposes pursuant Register of Copyrights regulations remedies reproduction respect restored copyright royalty fees royalty payments satellite carrier Satellite Home Viewer secondary transmission section 106 semiconductor chip product service provider Sonny Bono sound recording specified Stat statutory damages statutory license subparagraph subscriber subsection technological measure television broadcast station termination title 17 transfer transmitting entity United States Code video cassette recorder violation WIPO Copyright
30. lappuse - ... of a commercial nature or is for nonprofit educational purposes; (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 of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
12. lappuse - compilation" is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "compilation" includes collective works. A "computer program" is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
14. lappuse - Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.
12. lappuse - 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.
24. lappuse - ... of its own nationals and domiciliaries and works first published in that nation, the President 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 such proclamation or impose any conditions or limitations on protection under a proclamation.
18. lappuse - ... perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device". Section 102 provides that copyright subsists "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.