(i) the notice shall be in writing and signed by the copyright owner or his duly authorized agent; and

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

(iii) 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 transmission on a single receiving apparatus of a kind commonly used in private homes, unless:

(A) a direct charge is made to see or hear the transmission; or

(B) the transmission thus received is further transmitted to the public.

§ 111. Limitations on exclusive rights: Secondary transmissions (a) CERTAIN SECONDARY TRANSMISSIONS EXEMPTED.

(1) Notwithstanding the provisions of subsections (b) and (c), the secondary transmission to the public of a primary transmission embodying a performance or display of a work is not an infringement of copyright if:

(A) the secondary transmission consists entirely of relaying the primary transmission to the private rooms of a hotel or other public establishment, and no direct charge is made to the occupants of the private rooms to see or hear the secondary transmission; or

(B) the secondary transmission is made solely for the purpose and under the conditions specified by clause (2) of section 110; or

(C) the secondary transmission is made by a common 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.

(2) Notwithstanding the provisions of subsection (c), but subject to the provisions of subsection (b), the secondary transmission to the public of a primary transmission embodying a performance or display of a work is not an infringement of copyright if the secondary transmission is made by a governmental body, or other nonprofit organization, without any purpose of direct or indirect commercial advantage, and without any charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service.

(3) Subject to the provisions of subsection (b) and (c), the secondary transmission to the public of a primary transmission embodying a performance or display of a work is not an infringement of copyright if the secondary transmission is made for reception solely within the limits of the area normally encompassed by the primary transmission.

(b) CERTAIN SECONDARY TRANSMISSIONS FULLY ACTIONABLE.-Notwithstanding the provisions of subsection (c) and of clauses (2) and (3) of subsection (a), the secondary transmission to the public of a primary transmission embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506, if:

(1) the content of the particular transmission program in which the performance or display is embodied, together with any separate commercial advertising or station announcements transmitted by the primary transmitter immediately before or after the transmission program, is in any way altered by changes, deletions, or additions during its secondary transmission; or

(2) the secondary transmitter, within one month before or after the particular secondary transmission, originates any transmissions to those members of the public to whom it also makes the secondary transmission, except for no more than two transmission programs at any one time unaccompanied by any commercial or political advertising and consisting solely of: weather, time, and news reports free from editorial comment; agricultural reports; religious services; and local proceedings of governmental bodies; or

(3) the secondary transmitter, within one month before or after the particular secondary transmission, makes any separate, direct charge for any particular transmission it makes to those members of the public to whom it also makes the secondary transmission; or

(4) the primary transmission is not made for reception by the public at large but is controlled and limited to reception by particular members of the public; or

(5) the secondary transmission is made for reception wholly or partly outside the limits of the area normally encompassed by the primary transmission, and

(A) the secondary transmitter, at least one month before the date of the secondary transmission, has not recorded in the Copyright Office, in accordance with requirements that the Register of Copyrights shall prescribe by regulation, the identity and address of the person who owns. the secondary transmission service or has power to exercise primary control over it, together with the name and location of the primary transmitter; or

(B) the secondary transmission is made for reception wholly or partly within the limits of an area that is adequately served by transmitting facilities other than the primary transmitter; or

(6) the secondary transmission is made for reception wholly or partly within the limits of an area normally encompassed by one or more transmitting facilities, other than the primary transmitter, if

(Á) a transmitting facility other than the primary transmitter has the exclusive right within that area, under an exclusive license or other transfer of copyright, to transmit the same performance or display of the work, and

(B) the transmitter having the exclusive right or any other copyright owner has given written notice of such exclusive right to the secondary transmitter at least ten days before the primary transmission, in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(c) LIMITATIONS ON LIABILITY FOR CERTAIN SECONDARY TRANSMISSIONS.— (1) Subject to the provisions of subsection (b), in the following cases involving a secondary transmission to the public of a primary transmission embodying a performance or display of a work, liability of the secondary transmitter for infringement under section 501 does not include the remedies provided by sections 502, 503, and 506, and its liability for the remedies provided by sections 504 and 505 is limited as provided by clause (2) of this subsection:

(A) where the secondary transmission is outside the scope of subclause (B) of subsection (b) (5), but comes within the scope of subclause (A) of subsection (b) (6) and the secondary transmitter has not been given notice as provided by subclause (B) of subsection (b) (6); or

(B) where the secondary transmission is outside the scope of subclause (B) of subsection (b) (5) and of subsection (b)(6), but is made for reception wholly or partly outside the limits of the area normally encompassed by the primary transmission, and—

(i) the secondary transmission is made for reception wholly or partly within the limits of an area normally encompassed by one or transmitting facilities, other than the primary transmitter, if no such facility has the exclusive right within that area, under an exclusive license or other transfer of copyright, to transmit the same performance or display of the work; or

(ii) the secondary transmission is made for reception wholly or partly within the limits of an area not normally encompassed by any transmitting facility.

(2) In any case coming within the scope of subclauses (A) or (B) of clause (1) of this subsection, the infringer's liability under section 504 does not include any of he infringer's profits, and the copyright owner's right to recover damages is, except as provided in subclauses (A) and (B) of this clause, limited to recovery of a reasonable license fee, as found by the court under the circumstances of the case.

(A) where the court finds that the infringer has refused or failed to accept an offer of a license for a reasonable fee, in writing and signed by the copyright owner, it shall award as statutory damages under section 504(c) a sum of $250, but if three times the amount of a reasonable license fee exceeds $250, then not less than $250 or more than three times the amount of a reasonable license fee, as the court considers just, to which may be added a discretionary award of costs and attorney's fees under section 505;

(B) where the court finds that the copyright owner has refused or or failed to accept the written offer, accompanied by a tender, of a reasonable license fee, it may in its discretion award costs and attorney's fees under section 505 to the infringer, and may reduce or withhold any award of damages under section 504.

(d) DEFINITIONS. As used in this section, the following terms and their variant forms mean the following:

(1) A "primary transmission" is one made to the public by the transmitting facility whose signals are being received and further transmitted by the secondary transmission service, regardless of where or when the performance or display was first transmitted.

(2) A "secondary transmission" is the further transmitting of a primary transmission simultaneously with the primary transmission.

(3) An area is "adequately served" when it is normally encompassed by transmitting facilities that regularly transmit to the public at large a preponderance of the transmission programs regularly transmitted by each of the major broadcasting networks (or similar organizations) to transmitting facilities throughout the continental United States. The Register of Copyrights may, by regulation, further particularize this definition, taking into account any pertinent definition in a Federal statute or regulation.

§ 112. Limitations on exclusive rights: Ephemeral recordings

(a) Notwithstanding the provisions of section 106, and except in the case of a motion picture or other audiovisual work, it is not an infringement of copyright for a transmitting organization entitled to transmit to the public a performance or display of a work, under a license or transfer of the copyright or under the limitations on exclusive rights in sound recordings specified by section 114(a), to make no more than one copy or phonorecord of a particular transmission program embodying the performance or display, if

(1) the copy or phonorecord is retained and used solely by the transmitting organization that made it, and no further copies or phonorecords are reproduced from it; and

(2) the copy or phonorecord is used solely for the transmitting organization's own transmissions within the area normally encompassed by its transmissions, or for purposes of archival preservation or security; and

(3) unless preserved exclusively for archival purposes, the copy or phonorecord is destroyed within six months from the date the transmission program was first transmitted to the public.

(b) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a governmental body or other nonprofit organization entitled to transmit a performance or display of a work, under section 110(2) or under the limitations on exclusive rights in sound recordings specified by section 114(a), to make no more than two copies or phonorecords of a particular transmission program embodying the performance or display, if

(1) no further copies or phonorecords are reproduced from the copies or phonorecords made under this clause; and

(2) where only one copy or phonorecord is made, it is used solely for transmissions under section 110(2) or for purposes of archival preservation or security; and

(3) where two copies or phonorecords are made, one is used solely for transmissions under section 110(2) and the other is used solely for purposes of archival preservation or security; and,

(4) except for one copy or phonorecord that may be preserved exclusively for archival purposes, the copies or phonorecords are destroyed within one year from the date the transmission program was first transmitted to the public.

(c) The transmission program embodied in a copy or phonorecord made under this section is not subject to protection as a derivative work under this title except with the express consent of the owners of copyright in the pre-existing works employed in the program.

§ 113. Scope of exclusive rights in pictorial, graphic, and sculptural works (a) Subject to the provisions of clauses (1) and (2) of this subsection, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106 includes the right to reproduce the work in or on any kind of article, whether useful or otherwise.

(1) This title does not afford, to the owner of copyright in a work that portrays a useful article as such, any greater rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such copyrighted works under the law in effect on December 31, 1968.

(2) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries relating to the distribution or display of such articles, or in connection with news reports.

(b) 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." § 114. Scope of exclusive rights in sound recordings

(a) The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified by clauses (1) and (3) section 106, and do not include any right of performance under section 106(4).

(b) The exclusive right of the owner of copyright in a sound recording to reproduce it under section 106(1) is limited to the right to duplicate the sound recording in the form of phonorecords that directly or indirectly recapture the actual sounds fixed in the recording. This right does not extend to the making or duplication of another sound recording that is an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording.

(c) This section does not limit or impair the exclusive right to perform publicly, by means of a phonorecord, any of the works specified by section 106(4). $115. Scope of exclusive rights in nondramatic musical works: Compulsory

license for making and distributing phonorecords

In the case of nondramatic musical works, the exclusive rights provided by clauses (1) and (3) of section 106, to make and to distribute phonorecords of such works, are subject to compulsory licensing under the conditions specified by this section.

(a) AVAILABILITY AND Scope of CompulsoRY LICENSE.

(1) When phonorecords of a nondramatic musical work have been distributed to the public under the authority of the copyright owner, any other person may, by complying with the provisions of this section, obtain a compulsory license to make and distribute phonorecords of the work. A person may obtain a compulsory license only if his primary purpose in making phonorecords is to distribute them to the public for private use.

(2) A compulsory license includes the privilege of making a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved, but the arrangement shall not change the basic melody or fundamental character of the work, and shall not be subject to protection as a derivative work under this title, except with the express consent of the copyright owner.

(b) NOTICE OF INTENTION TO OBTAIN COMPULSORY LICENSE; Designation of OWNER OF PERFORMANCE RIGHT.

(1) Any person who wishes to obtain a compulsory license under this section shall, before or within thirty days after making, and before distributing any phonorecords of the work, serve notice of his intention to do so on the copyright owner. If the registration or other public records of the Copyright Office do not identify the copyright owner and include an address at which notice can be served on him, it shall be sufficient to file the notice of intention in the Copyright Office. The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.

(2) If the copyright owner so requests in writing not later than ten days after service or filing of the notice required by clause (1), the person exercising the compulsory license shall designate, on a label or container accompanying each phonorecord of the work distributed by him, and in the form and manner that the Register of Copyrights shall prescribe by regulation, the name of the copyright owner or his agent to whom royalties for public performance of the work are to be paid.

(3) Failure to serve or file the notice required by clause (1), or to designate the name of the owner or agent as required by clause (2), forecloses the possibility of a compulsory license and, in the absence of a negotiated license, renders the making and distribution of phonorecords actionable as acts of infringement under section 501 and fully subject to the remedies provided by sections 502 through 506.

(c) ROYALTY PAYABLE UNDER COMPULSORY LICENSE.

(1) To be entitled to receive royalties under a compulsory license, the copyright owner must be identified in the registration or other public records of the Copyright Office. The owner is entitled to royalties for phonorecords made after he is so identified but he is not entitled to recover for any phonorecords previously made.

(2) Except as provided by clause (1), the royalty under a compulsory license shall be payable for every phonorecord made in accordance with the license. With respect to each work embodied in the phonorecord, the royalty shall be either two and one-half cents, or one-half cent per minute of playing time or fraction thereof, whichever amount is larger.

(3) Royalty payments shall be made quarterly, in January, April, July, and October, and shall include all royalties for the three months next preceding. Each quarterly payment shall be accompanied by a detailed statement of account, which shall include such pertinent information as the Register of Copyrights may prescribe by regulation, and which, upon written demand by the copyright owner, shall be certified as correct by a certified public accountant licensed to practice in the United States.

(4) If the copyright owner does not receive the quarterly payment and statement of account when due, he may give written notice to the licenseethat, unless the default is remedied within thirty days from the date of the notice, the compulsory license will be automatically terminated. Such termination renders the making and distribution of all phonorecords, for which the royalty had not been paid, actionable as acts of infringement under section 501 and fully subject to the remedies provided by sections 502 through 506.

§ 116. Scope of exclusive rights in nondramatic musical works: Public performances by means of coin-operated phonorecord players

(a) LIMITATIONS ON EXCLUSIVE RIGHT.-In the case of a nondramatic musical work embodied in a phonorecord, the exclusive right under clause (4) of section 106 to perform the work publicly by means of a coin-operated phonorecord player is limited as follows:

(1) The proprietor of the establishment in which the public performance takes place is not liable for infringement with respect to such public performance unless:

(A) he is the operator of the phonorecord player; or

(B) he refuses or fails, within one month after receipt by registered or certified mail of a request by the copyright owner, to make full disclosure, by registered or certified mail, of the identity of the operator of the phonorecord player.

(2) The operator of the coin-operated phonorecord player may obtain a compulsory license to perform the work publicly on that phonorecord player by recording the statements and affixing the certificate provided by subsection (b), and by paying the royalties provided by subsection (c).

(b) RECORDATION OF COIN-Operated Phonorecord PlayER AND AFFIXATION OF CERTIFICATE.

(1) Any operator who wishes to obtain a compulsory license for the public performance of nondramatic musical works on a coin-operated phonorecord player shall fulfill the following requirements:

(A) Before or within one month after such performances on a particular phonorecord player are made available in a particular establishment, and during the month of January in each succeeding year, he shall record in the Copyright Office, in accordance with requirements that the Register of Copyrights shall prescribe by regulation, a statement of the name and address of the operator of the phonorecord player, the manufacturer and serial number of other explicit identification of the phonorecord player, the capacity of the phonorecord player (i.e., the total number of musical works normally capable of being made available in it. at any one time for performance), and the name and address of the estab-lishment in which it is located. The statement recorded each January