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8 101. Definitions

As used in this title, the following terms and their variant forms
mean the following:

An "anonymous work” is a work on the copies or phonorecords
of which no natural person is identified as author.

The "best edition" of a work is the edition, published in the
United States at any time before the date of deposit, that the Li-
brary of Congress determines to be most suitable for its purposes.

A person's “children” are his immediate offspring, whether le
gitimate or not, and any children legally adopted by him.

A “collective work” is a work, such as a periodical issue, an-
thology, or encyclopedia, in which a number of contributions,
"constituting separate and independent works in themselves, are
assembled into a collective whole.

A “compilation” is a work formed by the collection and assem-
bling of pre-existing materials or of data that are selected, co-
ordinated, 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.

"Copies" are material objects, other than phonorecords, in
which a work is fixed by any method now known or later devel-
oped, and from which the work can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a
machine or device. The term "copies" includes the material ob-
ject, 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 partic-
ular 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 con-
stitutes 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 pre-
existing works, such as a translation, musical arrangement, dra-
matization, fictionalization, motion picture version, sound record-
ing, 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

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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.

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 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 works that consist of a series of images which, when shown in succession, impart an impression of motion, together with any accompanying sounds, regardless of the nature of the material objects, such as films or tapes, in which they are embodied.

“Phonorecords” are material objects in which sounds, other than those accompanying a motion picture, 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.

"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, 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.

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A "supplementary work is a work prepared for publication 2 as a secondary adjunct to a work by another author for the pur

pose of introducing, illustrating, explaining, commenting upon, 4 or assisting in the use of the other work, such as forewards, intra

ductions, prefaces, pictorial illustrations, maps, charts, tables, edi6 torial notes, tests and answers, bibliographies, sppendixes, and 7 indexes. 8 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 11 comprised in a copyright, whether or not it is limited in time or 12 place of effect, but not including a non-exclusive license. 13

To "transmit” a performance or exhibition is to communicate

it by any device or process whereby images or sounds are received 15 beyond the place from which they are sent. 16

The “United States," when used in a geographical sense, com17 prises the several States, the District of Columbia and the Com18 monwealth of Puerto Rico, and the organized territories under 19 the jurisdiction of the United States Government. 20 The author's "widow" or "widower" is the author's surviving 21 spouse under the law of his domicile at the time of his death, 22 whether or not the spouse has later remarried. 28 A "work made for hire” is: 24

(1) a work prepared by an employee within the scope of 25

his employment; or 26

(2) a work specially ordered or commissioned for use as a 27

contribution to a collective work, as a part of a motion pic28

ture, as a translation, or as a supplementary work, if the 29

parties expressly agree in writing that the work shall be con80

sidered a work made for hire. 81 $102. Subject matter of copyright: In general

Copyright protection subsists, in accordance with this title, in orig88 inal works of authorship fixed in any tangible medium of expression, 84 now known or later developed, from which they can be perceived, re36 produced, or otherwise communicated, either directly or with the aid 86

of a machine or device. Works of authorship include the following 87 categories:

(1) literary works; 89 (2) musical works, including any accompanying words;

(8) dramatic works, including any accompanying music;

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(4) pantomimes and choreographic works; 2

(5) pictorial, graphic, and sculptural works; 3

(6) motion pictures; 4

(7) sound recordings. 5 8 103. Subject matter of copyright: Compilations and derivative 6

works 7 (a) The subject matter of copyright as specified by section 102 in8 cludes compilations and derivative works, but protection for a work 9 employing pre-existing material in which copyright subsists does not 10 extend to any part of the work in which such material has been used 11 unlawfully. 12 (b) The copyright in a compilation or derivative work extends only 18 to the material contributed by the author of such work, as distin14 guished from the pre-existing material employed in the work, and does 16 not imply any exclusive right in the pre-existing material. The copy16 right in such work is independent of, and does not affect or enlarge 17 the scope, duration, ownership, or subsistence of any copyright pro18 tection in the pre-existing material. 19 g 104. Subject matter of copyright: National origin 20 (a) UNPUBLISHED WORK8.—The works specified by sections 102 and 21 103, while unpublished, are subject to protection under this title with

out regard to the nationality or domicile of the author. 23 (b) PUBLISHED WORKS.—The works specified by sections 102 and 24 103, when published, are subject to protection under this title if25

(1) on the date of first publication, one or more of the authors 26 is a national or domiciliary of the United States, or is a national, 27 domiciliary, or sovereign authority of a foreign nation that is a 28 party to a copyright treaty to which the United States is also a 29 party; or 80 (2) the work is first published in the United States or in a

foreign nation that, on the date of first publication, is a party to 32 the Universal Copyright Convention of 1952; or 83 (3) the work is first published by the United Nations or any of 84 its specialized agencies, or by the Organization of American 85 States; or 86 (4) the work comes within the scope of a Presidential procla37 mation. Whenever he finds it to be in the national interest, the 38 President may in his discretion extend, by proclamation, protec89 tion under this title to works of which one or more of the authors

is, on the date of first publication, a national, domiciliary, or

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A "supplementary work” is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, illustrating, explaining, commenting upon, or assisting in the use of the other work, such as forewords, introductions, prefaces, pictorial illustrations, maps, charts, tables, editorial notes, tests and answers, bibliographies, appendixes, and indexes.

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 non-exclusive license.

To "transmit” a performance or exhibition 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.

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 made for hire” is:

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

(2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture, as a translation, or as a supplementary work, if the parties expressly agree in writing that the work shall be con

sidered a work made for hire.
8 102. Subject matter of copyright: In general

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;

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