Lapas attēli
PDF
ePub

1

2

3

4

5

6

7

8

9

10

11

12

18

14

15

16

17

18

19

20

21

22

23

24

25

26

20

quantitative limits specified by the compulsory licensing provisions of clause (3) of subsection (c).

(f) DEFINITIONS.—

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

(A) A "primary transmission" is a transmission 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.

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

(C) A "cable system" is a facility operated for purposes of commercial advantage that receives signals transmitted by one or more television broadcast stations licensed by the Federal Communications Commission and simultaneously makes secondary transmissions of such signals by wires, cables, or other communications channels to subscribing members of the public who pay for such service.

(2) As used in this section, the following terms and their variant forms have the meanings given to them in definitions that the Federal Communications Commission shall publish in the Federal Register during July, 1974, and annually in July thereafter. Said definitions shall have binding effect upon the 1st day of January of the year following their publication; they shall be based upon the general criteria 27 provided by this clause, and upon specific criteria adopted by the Com28 mission in the public interest and in the light of changing industry practices and communications technology. Annual publication of the 30 definitions shall be accompanied by publication of lists specifying the reference points for all cable systems in the United States, the numerical rank of all United States television markets, and all network stations, independent commercial stations, and noncommercial educa34 tional stations, together with maps showing the specific geographical 35 location of all said reference points, the area encompassed by all said 36 United States television markets, and the local service areas of all said 37 stations.

29

31

32

33

38

39

40

(A) The "reference point" of a cable system is the longitude and latitude, expressed in degrees, minutes, and seconds, of a point representing the effective center of operations of a cable system, taking into

21

1 account factors of geography, demography, and concentration of

2

3

4

5

subscribers.

(B) A "United States television market" is a community or group of communities incorporating the local service areas of one or more television broadcast stations licensed by the Federal Communications 6 Commission. The numerical ranking of such a market shall depend primarily upon the number of viewers in the market receiving television signals, but may be affected by other factors including the number of signals available in the market, concentration of population, industrial development, and level of income.

7

8

9

10

11

12

14

(C) The "local service area" of a broadcast station comprises the entire geographic area within the radius that the station's signal is 13 expected to reach effectively under normal conditions, including any parts of the area within that radius that its signal fails to reach effectively because of terrain, structures, or other physical or technical barriers. Where the local service area of one station overlaps with that of another, the overlapping area is considered within the local service areas of both stations.

15

16

17

18

19

20

(D) A "network station" is a television broadcast station that is owned or operated by, or affiliated with, one of the television networks 21 providing nationwide transmissions, and that transmits substantially all of the programming supplied by such network.

[blocks in formation]

(E) An "independent commercial station" is a television broadcast 24 station operated for commercial advantage, other than a network station.

25

26

(F) A "noncommercial educational station" is a station operated 27 without any direct or indirect purpose of commercial advantage, whose programming consists preponderantly of instructional, educational, 29 or cultural subject matter.

30

31

32

33

34

§ 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 em38 bodying the performance or display, if—

35

36

37

39

(1) the copy or phonorecord is retained and used solely by the

1

2

3

4

5

6

7

8

9

12

22

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 its local service area, 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 in10 fringement of copyright for a governmental body or other nonprofit 11 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 twelve copies or phonorecords of a particular transmission program embodying the performance or display, if

13

14

15

16

17

18

19

20

21

22

23

25

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

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

(c) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a governmental body or other nonprofit 24 organization to make for distribution no more than one copy or phonorecord for each transmitting organization specified in clause (2) of this subsection of a particular transmission program embodying a performance of a nondramatic musical work of a religious nature, or of a sound 28 recording, if—

[merged small][merged small][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][merged small][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed]

(1) there is no direct or indirect charge for making or distributing any such copies or phonorecords; and

(2) none of such copies or phonorecords is used for any performance other than a single transmission to the public by a transmitting organization entitled to transmit to the public a performance of the work under a license or transfer of the copyright; and

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

(d) The transmission program embodied in a copy or phonorecord

28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

23

25

26

27

[ocr errors]

30

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 or lesser rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31, 1974, as held applicable and construed by a court in an action brought under this title.

(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 related to the distribution or display of such articles, or in connection with news reports.

(b) When a pictorial, graphic, or sculptural work in which copyright subsists under this title is utilized in an original ornamental design of a useful article, by the copyright proprietor or under an express license from him, the design shall be eligible for protection under the provisions of title III of this Act.

(c) Protection under this title of a work in which copyright subsists shall terminate with respect to its utilization in useful articles when32 ever the copyright proprietor has obtained registration of an orna33 mental design of a useful article embodying said work under the provisions of title III of this Act. Unless and until the copyright

37

35 proprietor has obtained such registration, the copyright pictorial, graphic, or sculptural work shall continue in all respects to be covered by and subject to the protection afforded by the copyright subsisting 38 under this title. Nothing in this section shall be deemed to create any additional rights or protection under this title.

[ocr errors][merged small][merged small]

(d) Nothing in this section shall affect any right or remedy held

24

1

2

3

4

5

6

7

8

9

10

11

by any person under this title in a work in which copyright was subsisting on the effective date of title III of this Act, or with respect to any utilization of a copyrighted work other than in the design of a useful article.

§ 114. Scope of exclusive rights in sound recordings

(a) LIMITATIONS ON EXCLUSIVE RIGHTS.-The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified by clauses (1), (3), and (4) of section 106. The exclusive rights of the owner of copyright in a sound recording to reproduce and perform it are limited to the rights to duplicate the sound recording in the form of phonorecords or copies of audiovisual works that directly or indirectly recapture the actual sounds fixed in the recording, and to perform those actual sounds. These rights do not extend to the making or duplication of another sound recording that is an independent fixation of other sounds, or to the performance of other sounds, even though such sounds imitate or simulate those in the copy17 righted sound recording.

12

13

14

15

16

18

19

(b) PERFORMANCE RIGHTS DISTINCT.-The exclusive right to perform publicly, by means of a phonorecord, a copyrighted literary, musical, or dramatic work, and the exclusive right to perform publicly 21 a copyrighted sound recording, are separate and independent rights under this title.

[merged small][subsumed][merged small][subsumed][merged small][subsumed][subsumed][subsumed][merged small][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed]

(c) COMPULSORY LICENSE FOR PUBLIC PERFORMANCE OF SOUND RECORDINGS.

-

(1) Subject to the provisions of sections 111 and 116, the public performance of a sound recording is subject to compulsory licensing under the conditions specified by this subsection, if phonorecords of it have been distributed to the public under the author

ity of the copyright owner.

(2) Any person who wishes to obtain a complsory license under this subsection shall fulfill the following requirements:

(A) He shall at least one month before the public performance and thereafter at intervals and in accordance with requirements that the Register of Copyrights shall prescribe by regulation, record in the Copyright Office a notice stating his identity and address and declaring his intention to obtain a compulsory license under this subsection;

(B) Deposit with the Register of Copyrights, at annual intervals in accordance with requirements that the Register of Copyrights shall prescribe by regulation, a statement of

« iepriekšējāTurpināt »