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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 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 Subject matter of copyright: National origin 20 (a) UNPUBLISHED WORK8.-The works specified by sections 102 and 21 103, while unpublished, are subject to protection under this title with22 out regard to the nationality or domicile of the author. 23 (b) PUBLISHED WORK8.—The works specified by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

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(3) performance of a nondramatic literary or musical work or of a dramatico-musical work, or exhibition of a work, in the course of services at a place of worship or other religious assembly;

(4) performance of a nondramatic literary or musical work, otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if:

(A) there is no direct or indirect admission charge, or

(B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private

financial gain; (5) the further transmitting to the public of a transmission embodying a performance or exhibition of a work, if the further transmission is made without altering or adding to the content of the original transmission, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the further transmission;

(6) the further transmitting of a transmission embodying a performance or exhibition of a work by relaying it to the private rooms of a hotel or other public establishment through a system of loudspeakers or other devices in such rooms, unless the person responsible for relaying the transmission or the operator of the establishment:

(A) alters or adds to the content of the transmission; or

(B) makes a separate charge to the occupants of the private rooms directly to see or hear the transmission; (7) communication of a transmission embodying a performance or exhibition 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 transmissions;

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(B) the transmission thus received is further transmitted 36

to the public. 87 $110. Limitations on exclusive rights: Ephemeral recordings

Notwithstanding the provisions of section 106, it is not an infringement of copyright for an organization lawfully entitled to transmit a performance or exhibition of a copyrighted work to the public to

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or at any place where a substantial number of persons out2

side of a normal circle of family and social acquaintances is 3

gathered; 4

(B) to transmit or otherwise communicate a performance 5

or exhibition of the work to the public by means of any device 6

or process. 7 8 107. Limitations on exclusive rights: Fair use 8 Notwithstanding the provisions of section 106, the fair use of a copy9 righted work is not an infringement of copyright. 10 8 108. Limitations on exclusive rights: Effect of transfer of 11

particular copy or phonorecord 12 (a) Notwithstanding the provisions of section 106(a) (3), the 13 owner of a particular copy or phonorecord lawfully made under this 14 title, or any person authorized by him, is entitled, without the au18 thority of the copyright owner, to sell or otherwise dispose of the pos16 session of that copy or phonorecord. 17 (b) Notwithstanding the provisions of section 106(a)(5), the own18 er of a particular copy lawfully made under this title, or any person 19 authorized by him, is entitled, without the authority of the copyright 20. owner, to exhibit that copy publicly to viewers present at the place 21 where the copy is located. 22 (c) The privileges prescribed by subsections (a) and (b) do not, 23 unless authorized by the copyright owner, extend to any person who 24 has acquired possession of the copy or phonorecord from the copyright 26 owner, by rental, lease, loan, or otherwise, without acquiring owner26 ship of it. 27 8 109. Limitations on exclusive rights: Exemption of certain

performances and exhibitions 29 Notwithstanding the provisions of section 106, the following are not

infringements of copyright: 31

(1) performance or exhibition of a work by instructors or pupils 32 in the course of face-to-face teaching activities in a classroom or 33 similar place normally devoted to instruction; 34

(2) performance of a nondramatic literary or musical work, or 35 exhibition of a work, by or in the course of a transmission, if the 86 transmission is made primarily for reception in classrooms or 37 similar places normally devoted to instruction and is a regular 38 part of the systematic instructional activities of a nonprofit 39 educational institution;

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(3) performance of a nondramatic literary or musical work or of a dramatico-musical work, or exhibition of a work, in the course of services at a place of worship or other religious assembly;

(4) performance of a nondramatic literary or musical work, otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if:

(A) there is no direct or indirect admission charge, or

(B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private

financial gain; (5) the further transmitting to the public of a transmission embodying a performance or exhibition of a work, if the further transmission is made without altering or adding to the content of the original transmission, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the further transmission;

(6) the further transmitting of a transmission embodying a performance or exhibition of a work by relaying it to the private rooms of a hotel or other public establishment through a system of loudspeakers or other devices in such rooms, unless the person responsible for relaying the transmission or the operator of the establishment:

(A) alters or adds to the content of the transmission; or

(B) makes a separate charge to the occupants of the private rooms directly to see or hear the transmission; (7) communication of a transmission embodying a performance or exhibition 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 transmissions;

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(B) the transmission thus received is further transmitted

to the public. $ 110. Limitations on exclusive rights: Ephemeral recordings

Notwithstanding the provisions of section 106, it is not an infringement of copyright for an organization lawfully entitled to transmit a performance or exhibition of a copyrighted work to the public to

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1 make no more than one copy or phonorecord of the work solely for 2 purposes of the organization's own lawful transmissions or for 3 archival preservation, if the copy or phonorecord is not used for 4 transmission after six months from the date it was first made, and is 5 thereafter destroyed or preserved for archival purposes only. 6 8 111. Scope of exclusive rights in pictorial, graphic, and sculp7

tural works 8 (a) Subject to the provisions of clauses (1) and (2) of this subsec9 tion, the exclusive right to reproduce a copyrighted pictorial, graphic, 10 or sculptural work in copies under section 106 includes the right to 11 reproduce the work in or on any kind of article, whether useful or 12 otherwise. 13

(1) This title does not afford, to the owner of copyright in a 14 work that portrays a useful article as such, any greater rights 15 with respect to the making, distribution, or exhibition of the use16 ful article so portrayed than those afforded to such copyrighted 17 works under the law in effect on December 31, 1966. 18

(2) In the case of a work lawfully reproduced in useful ar19 ticles that have been offered for sale or other distribution to the 20 public, copyright does not include any right to prevent the mak21 ing, distribution, or exhibition of pictures or photographs of such

articles in connection with advertisements or commentaries relat23 ing to the distribution or exhibition of such articles, or in con24

nection with news reports. 25

(b) A “useful article” is an article having an intrinsic utilitarian 26 function that is not merely to portray the appearance of the article 27 or to convey information. An article that is normally a part of a 28

useful article is considered a “useful article." 29 8 112. Scope of exclusive rights in sound recordings 30 (a) The exclusive rights of the owner of copyright in a sound re31 cording are limited to the rights specified by clauses (1) and (3) of 32 section 106(a), and do not include any right of performance under 83

section 106(a)(4). ' 34 (b) The exclusive right of the owner of copyright in a sound 35 recording to reproduce it under section 106(a)(1) is limited to the 36 right to duplicate the sound recording in the form of phonorecords 37

that directly or indirectly recapture the actual sounds fixed in the 38 recording. This right does not extend to the making or duplication 39 of another sound recording that is an independent fixation of other

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