Lapas attēli
PDF
ePub

1 8 108. Limitations on exclusive rights: Reproduction by libraries 2

and archives 3 (a) Notwithstanding the provisions of section 106, it is not an in4 fringement of copyright for a library or archives, or any of its em5 ployees acting within the scope of their employment, to reproduce no 6 more than one copy or phonorecord of a work, or distribute such copy 7 or phonorecord, under the conditions specified by this section and if: 8

(1) The reproduction or distribution is made without any pur9 pose of direct or indirect commercial advantage; and 10

(2) The collections of the library or archives are (i) open to the 11 public, or (ii) available not only to researchers affiliated with the 12 library or archives or with the institution of which it is a part, but 13 also to other persons doing research in a specialized field, 14 (b) The rights of reproduction and distribution under this section 15 apply to a copy or phonorecord of an unpublished work duplicated in 16 facsimile form solely for purposes of preservation and security or for 17 deposit for research use in another library or archives of the type de18 scribed by clause (2) of subsection (a), if the copy or phonorecord 19 reproduced is currently in the collections of the library or archives. 20 (c) The right of reproduction under this section applies to a copy 21 or phonorecord of a published work duplicated in facsimile form solely 22 for the purpose of replacement of a copy or phonorecord that is dam23 aged, deteriorating, lost, or stolen, if the library or archives has, after 24 a reasonable effort, determined that an unused replacement cannot be 25 obtained at a normal price from commonly-known trade sources in the 26 United States, including authorized reproducing services. 27 (d) The rights of reproduction and distribution under this section 28 apply to a copy of a work, other than a musical work, a pictorial, 29 graphic or sculptural work, or a motion picture or other audio-visual 30 work, made at the request of a user of the collections of the library or 31 archives, including a user who makes his request through another 32 library or archives, if: 33 (1) The user has established to the satisfaction of the library 34 or archives that an unused copy cannot be obtained at a normal 35 price from commonly known trade sources in the United States, 36 including authorized reproducing services; 37 (2) The copy becomes the property of the user, and the library 38 or archives ,has had no notice that the copy would be used for any 39

purpose other than private study, scholarship, or research; and 40

(3) The library or archives displays prominently, at the place

20-344 0 - 73 - 2

10

1

where orders are accepted, and includes on its order form, a warn2 ing of copyright in accordance with requirements that the Register 3 of Copyrights shall prescribe by regulation. 4 (6) Nothing in this section5

(1) shall be construed to impose liability for copyright infringe

ment upon a library or archives or its employees for the unsuper7 vised use of reproducing equipment located on its premises, 8 provided that such equipment displays a notice that the making 9 of a copy may be subject to the copyright law; 10 (2) excuses a person who uses such reproducing equipment or 11 who requests a copy under subsection (d) from liability for copy12 right infringement for any such act, or for any later use of such 13 copy, if it exceeds fair use as provided by section 107; 14 (3) in any way affects the right of fair use as provided by 15 section 107, or any contractual obligations assumed by the library 16 or archives when it obtained a copy or phonorecord of the work 17 for its collections. 18 (f) The rights of reproducing or distributing "no more than one 19 copy or phonorecord” in accordance with this section extend to the iso20 lated and unrelated reproduction or distribution of a single copy or 21 phonorecord of the same work on separate occasions, but do not extend 22 to cases where the library or archives, or its employee, is aware or has 23 substantial reason to believe that it is engaging in the related or 24 concerted reproduction or distribution of multiple copies or phono25 records of the same work, whether on one occasion or over a period of 26 time, and whether intended for aggregate use by one individual or 27 for separate use by the individual members of a group. 28 8109. Limitations on exclusive rights: Effect of transfer of par29

ticular copy or phonorecord (a) Notwithstanding the provisions of section 106(3), the owner of 31 a particular copy or phonorecord lawfully made under this title, or any

person authorized by him, is entitled, without the authority of the 33 copyright owner, to sell or otherwise dispose of the possession of that 34 copy or phonorecord. 35 (b) Nothwithstanding the provisions of section 106(5), the owner 36 of a particular copy lawfully made under this title, or any person 37 authorized by him, is entitled, without the authority of the copyright 38 owner, to display that copy publicly, either directly or by the projec39 tion of no more than one image at a time, to viewers present at the 40 place where the copy is located.

30

32

11

1 (c) The privileges prescribed by subsections (a) and (b) do not, 2

unless authorized by the copyright owner, extend to any person who 3

has acquired possession of the copy or phonorecord from the copy4 right owner, by rental, lease, loan, or otherwise, without acquiring 5 ownership of it. 6 8110. Limitations on exclusive rights: Exemption of certain per7

formances and displays 8 Notwithstanding the provisions of section 106, the following are not 9 infringements of copyright: 10 (1) performance or display of a work by instructors or pupils 11 in the course of face-to-face teaching activities of a nonprofit edu12 cational institution, in a classroom or similar place devoted to 13 instruction, unless, in the case of a motion picture or other audio14 visual work, the performance, or the display of individual images, 15 is given by means of a copy that was not lawfully made under this 16 title and that the person responsible for the performance knew or 17 had reason to believe was not lawfully made; 18 (2) performance of a nondramatic literary or musical work or 19 of a sound recording, or display of a work, by or in the course of a 20 transmission, if:

(A) the performance or display is a regular part of the 22

systematic instructional activities of a governmental body or 23

a nonprofit educational institution; and 24

(B) the performance or display is directly related and of 25

material assistance to the teaching content of the transmis26

sion; and
(C) the transmission is made primarily for:

(i) reception in classrooms or similar places normally 29

devoted to instruction, or 30

(ii) reception by persons to whom the transmission is 31

directed because their disabilities or other special circum32

stances prevent their attendance in classrooms or similar 33

places normally devoted to instruction, or 34

(ii) reception by officers or employees of govern35

mental bodies as a part of their official duties or employ36

ment; 37 (3) performance of a nondramatic literary or musical work 38 or of a dramatico-musical work of a religious nature, or of a sound 39 recording, or display of a work, in the course of services at a 40 place of worship or other religious assembly;

21

27 28

12

1

2

3

4

5

6

7

8 9

10

11

12

13

14 15

16

17 18

19

20

(4) performance of a nondramatic literary or musical work or of a sound recording, 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, except where the copyright owner has served notice of his objections to the performance under the following conditions:

(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

(üi) 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; (6) performance of a nondramatic musical work or of a sound recording in the course of an annual agricultural or horticultural fair or exhibition conducted by a governmental body or a nonprofit agricultural or horticultural organization;

(7) performance of a nondramatic musical work or of a sound recording by a vending establishment open to the public at large without any direct or indirect admission charge, where the sole purpose of the performance is to promote the retail sale of copies or phonorecords of the work and the performance is not transmitted beyond the place where the establishment is located.

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

18

10

1

8 111. Limitations on exclusive rights: Secondary transmissions 2 (a) CERTAIN SECONDARY TRANSMISSIONS EXEMPTED.—The second3

ary transmission of a primary transmission embodying a performance 4 or display of a work is not an infringement of copyright if: 5

(1) the secondary transmission is not made by a cable system, 6 and consists entirely of the relaying, by the management of a 7

hotel, apartment house, or similar establishment, of signals trans8

mitted by a broadcast station licensed by the Federal Communica9

tions Commission, within the local service area of such station, to

the private lodgings of guests or residents of such establishment, 11

and no direct charge is made to see or hear the secondary trans12 mission; or 13

(2) the secondary transmission is made solely for the purpose 14 and under the conditions specified by clause (2) of section 110; or 15

(3) the secondary transmission is made by a common, contract, 16

or special carrier who has no direct or indirect control over the con17 tent or selection of the primary transmission or over the particu18 lar recipients of the secondary transmission, and whose activities 19 with respect to the secondary transmission consist solely of pro20 viding wires, cables, or other communications channels for the use 21 of others: Provided, That the provisions of this clause extend 22 only to the activities of said carrier with respect to secondary 23 transmissions and do not exempt from liability the activities of 24 others with respect to their own primary or secondary transmis25

sion; or 26

(4) the secondary transmission is made by a governmental 27 body, or other nonprofit organization, without any purpose of di28 rect or indirect commercial advantage, and without charge to the 29 recipients of the secondary transmission other than assessments

necessary to defray the actual and reasonable costs of maintaining 31

and operating the secondary transmission service. 32

(b) SECONDARY TRANSMISSION OF PRIMARY TRANSMISSION TO CON33

TROLLED GROUP.—Notwithstanding the provisions of subsections (a) 34 and (c), the secondary transmission to the public of a primary trans35

mission embodying a performance or display of a work is actionable as 36

an act of infringement under section 501, and is fully subject to the 37 remedies provided by sections 502 through 506, if the primary trans38

mission is not made for reception by the public at large but is con39

trolled and limited to recoption by particular members of the public.

30

« iepriekšējāTurpināt »