« iepriekšējāTurpināt »
8 101. Definitions
As used in this title, the following terms and their variant forms
An "anonymous work” is a work on the copies or phonorecords
The "best edition" of a work is the edition, published in the
A person's “children” are his immediate offspring, whether le
A “collective work” is a work, such as a periodical issue, an-
A “compilation” is a work formed by the collection and assem-
"Copies" are material objects, other than phonorecords, in
“Copyright owner," with respect to any one of the exclusive
A work is “created” when it is fixed in a copy or phonorecord
A "derivative work” is a work based upon one or more pre-
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, globas, 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.
“Stato" 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 "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.
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;
(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 13 to the material contributed by the author of such work, as distin14 guished from the pre-existing material employed in the work, and does 15 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 8 104. 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 with22 out regard to the nationality or domicile of the author. 23 (b) PUBLISHED WORK8.—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 33
(3) the work is first published by the United Nations or any of 34 its specialized agencies, or by the Organization of American 35
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 40
is, on the date of first publication, a national, domiciliary, or
1 sovereign authority of any designated foreign nation, or which 2 are first published in any designated foreign nation, and he may 3 revise, suspend, or revoke any proclamation or impose any con4 ditions or limitations on protection under a proclamation. 5 8 105. Subject matter of copyright: United States Government 6
works 7 (a) Copyright protection under this title is not available for any 8 work of the United States Government, but the United States Govern9 ment is not precluded from receiving and holding copyrights trans10 ferred to it by assignment, bequest, or otherwise. 11 (b) A "work of the United States Government” is a work prepared 12 by an officer or employee of the United States Government within the 18 scope of his official duties or employment. 14 8 106. Exclusive rights in copyrighted works 18 (a) GENERAL SCOPE OF COPYRIGHT. Subject to sections 107 through 16 114, the owner of copyright under this title has the exclusive rights to 17 do and to authorize any of the following: 18 (1) to reproduce the copyrighted work in copies or phono19 records; 20
(2) to prepare derivative works based upon the copyrighted 21 work; 22 (8) to distributo copies or phonorecords of the copyrighted 23 work to the public by sale or other transfer of ownership, or by 24 rental, lease, or lending; 25
(4) in the case of literary, musical, dramatic, and choreographic 26
works, pantomimes, and motion pictures, to perform the copy27 righted work publicly; 28
(5) in the case of literary, musical, dramatic, and choreographic 29 works, pantomimes, and pictorial, graphic, or sulptural works, to 80 exhibit the copyrighted work publicly. 31 (b) DEFINITIONS OF CERTAIN EXCLUSIVE RIGHTS.82
(1) To "perform” a work means to recite, render, play, dance, 33 or act it, either directly or by means of any device or process or, 34 in the case of a motion picture, to show its images or to make the 86 sounds accompanying it audible. 86
(2) To "exhibit” a work means to show a copy of it, either di87 rectly or by means of motion picture films, slides, television im- • 88, ages, or any other device or process. 89
(3) To perform or exhibit a work “publicly” means: 40
(A) to perform or exhibit it at a place open to the publie