(1) to reproduce the copyrigh records; (2) to prepare derivative we work; (3) to distribute copies or (4) in the case of literary. poses such as criticis whether the use ma the factors to be con (1) the pur (3) the ar lation to the (4) the e of the cop -form, a warn The Register yright infringefor the unsuperin its premises, a that the making cing equipment or n liability for copyany later use of such tion 107; ir use as provided by - assumed by the library phonorecord of the work buting "no more than one is section extend to the isoribution of a single copy or è occasions, but do not extend its employee, is aware or has engaging in the related or of multiple copies or phonoone occasion or over a period of regate use by one individual or abers of a group. hts: Effect of transfer of parFord ons of section 106(3), the owner of wfully made under this title, or any tled, without the authority of the ise dispose of the possession of that visions of section 106(5), the owner nade under this title, or any person ithout the authority of the copyright licly, either directly or by the projece at a time, to viewers present at the exclus 13 11 privileges prescribed by subsections (a) and (b) do not, by the copyright owner, extend to any person who sion of the copy or phonorecord from the copyental, lease, loan, or otherwise, without acquiring .ons on exclusive rights: Exemption of certain perhances and displays anding the provisions of section 106, the following are not ents of copyright: ) performance or display of a work by instructors or pupils he course of face-to-face teaching activities of a nonprofit eduational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title and that the person responsible for the performance knew or had reason to believe was not lawfully made; (2) performance of a nondramatic literary or musical work or of a sound recording, or display of a work, by or in the course of a transmission, if: (A) the performance or display is a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution; and (B) the performance or display is directly related and of material assistance to the teaching content of the transmission; and (C) the transmission is made primarily for: (i) reception in classrooms or similar places normally devoted to instruction, or (ii) reception by persons to whom the transmission is directed because their disabilities or other special circumstances prevent their attendance in classrooms or similar places normally devoted to instruction, or (iii) reception by officers or employees of governmental bodies as a part of their official duties or employment; (3) performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or of a sound recording, or display of a work, in the course of services at a place of worship or other religious assembly; 2 TITLE 17-COPYRIGHTS-Continued Chapter 1.-SUBJECT MATTER AND SCOPE OF COPYRIGHT-Continued 109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord. 110. Limitations on exclusive rights: Exemption of certain performances and displays. 111. Limitations on exclusive rights: Secondary transmissions. 112. Limitations on exclusive rights: Ephemeral recordings. 113. Scope of exclusive rights in pictorial, graphic, and sculptural works. 114. Scope of exclusive rights in sound recordings. 115. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords. 116. Scope of exclusive rights in nondramatic musical works and sound recordings: Public performances by means of coinoperated phonorecord players. 117. Scope of exclusive rights: Use in conjunction with computers and similar information systems. 4 § 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. "Audiovisual works" are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. The "best edition" of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes. A person's "children" are his immediate offspring, whether legitimate or not, and any children legally adopted by him. A "collective work" is a work, such as a periodical issue, anthology, 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 assembling of pre-existing materials or of data that are selected, coordinated, 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 developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or 3 device. The term "copies" includes the material object, 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 particular 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 constitutes 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 preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, 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 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. 27 22 23 24 40 To "display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission. 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 other than audiovisual works, expressed in words, numbers, or other verbal or numerical sym 4 bols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, or film, in which they are embodied. A transmitting organization's "local service area" is defined in accordance with the provisions of section 111 (f) (2) (C). "Motion pictures" are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. To "perform” a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible, and, in the case of a sound recording, to make audible the sounds fixed in it. "Phonorecords" are material objects in which sounds other than those accompanying a motion picture or other audiovisual work, 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 photorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. To perform or display a work "publicly" means: (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to |