U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗
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4237 (amending title 17 of the United States Code by adding a new
chapter 10), enacted October 28, 1992.
North American Free Trade Agreement Implementation Act, Pub. L. No.103-182, 107 Stat. 2057, 2114 and 2115 (amending Sec. 109, title 17,
United States Code, and adding a new Sec. 104A), enacted December 8,
1993.
Copyright Royalty Tribunal Reform Act of 1993, Pub. L. No. 103-198,107 Stat. 2304 (amending, inter alia, chapter 8, title 17, *United
States Code*), enacted December 17, 1993.
Satellite Home Viewer Act of 1994, Pub. L. No. 103-369, 108 Stat.3477 (amending, inter alia, Sec. 111 and Sec. 119, title 17, *United
States Code*, relating to the definition of a local service area of a
primary transmitter), enacted October 18, 1994.
Uruguay Round Agreements Act, Pub. L. No. 103-465, 108 Stat. 4809,4973 (amending, inter alia, Sec. 104A, title 17, United States Code,
and adding a new chapter 11), enacted December 8, 1994. (See the
Appendix for the text of certain provisions of this Act that do not
amend title 17 of the United States Code.)
Digital Performance Right in Sound Recordings Act of 1995, Pub. L.No. 104-39, 109 Stat. 336 (amending, inter alia, Sec. 114 and Sec. 115,
title 17, United States Code), enacted November 1, 1995.
Anticounterfeiting Consumer Protection Act of 1996, Pub. L. No.104-153, 110 Stat. 1386, 1388 (amending Sec. 603(c), title 17, *United
States Code and Sec. 2318, title 18, United States Code*), enacted
July 2, 1996.
Legislative Branch Appropriations Act, 1997, Pub. L. No. 104-197,110 Stat. 2394, 2416 (amending, inter alia, title 17 of the *United
States Code*, by adding a new Sec. 121 concerning the limitation on
exclusive copyrights for literary works in specialized format for the
blind and disabled), enacted September 16, 1996.
[Copyright Amendments and Amendments to the Semiconductor ChipProtection Act of 1984], Pub. L. No. 105-80, 111 Stat. 1529 (making
technical amendments to certain provisions of title 17, *United States
Code*), enacted November 13, 1997.
No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678,enacted December 16, 1997.
Sonny Bono Copyright Term Extension Act, title I of Pub. L. No.105-298, 112 Stat. 2827 (amending chapter 3, title 17, *United States
Code*, to extend the term of copyright protection for most works to life
plus 70 years), enacted October 27, 1998.
Fairness in Music Licensing Act of 1998, title II of Pub. L. No.105-298, 112 Stat. 2827, 2830 (amending, inter alia, Sec. 110, title 17,
United States Code, and adding Sec. 513 to provide a music licensing
exemption for food service and drinking establishments), enacted October
27, 1998.
Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.2860, 2887 (title IV amending Sec. 108, 112, 114, chapter 7 and chapter
8, title 17, United States Code), enacted October 28, 1998. (This Act
also contains four separate acts within titles I, II, III and V that
amended title 17 of the United States Code. These four acts are each
separately listed below. See the Appendix for additional provisions of
this Act that do not amend title 17 of the United States Code.)
WIPO Copyright and Performances and Phonograms TreatiesImplementation Act of 1998, title I of the Digital Millennium Copyright
Act, Pub. L. No. 105-304, 112 Stat. 2860, 2861 (amending title 17 of the
United States Code, inter alia, to add a new chapter 12 which
prohibits circumvention of copyright protection systems and provides
protection for copyright management information), enacted October 28,
1998.
Online Copyright Infringement Liability Limitation Act, title II ofthe Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat.
2860, 2877 (amending title 17 of the United States Code, to add a new
Sec. 512), enacted October 28, 1998.
Computer Maintenance Competition Assurance Act, title III of theDigital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860,
2886 (amending Sec. 117, title 17, United States Code), enacted October
28, 1998.
Vessel Hull Design Protection Act, title V of the Digital MillenniumCopyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2905 (adding chapter
13, title 17, United States Code, to provide design protection for
vessel hulls), enacted October 28, 1998.
[Copyright Amendments and Amendments to the Vessel Hull DesignProtection Act], Pub. L. No. 106-44, 113 Stat. 221 (making technical
corrections to title 17 of the United States Code), enacted August 5,
1999.
Satellite Home Viewer Improvement Act of 1999, title I of theIntellectual Property and Communications Omnibus Reform Act of 1999,
Pub. L. No. 106-113, 113 Stat. 1501, app. I (amending chapters 1 and 5
of title 17 of the United States Code to replace the Satellite Home
Viewer Act of 1994 and amending chapters 12 and 13 of title 17), enacted
November 29, 1999.
Digital Theft Deterrence and Copyright Damages Improvement Act of1999, Pub. L. No. 106-160, 113 Stat 1774, (amending chapter 5 of title
17 of the United States Code to increase statutory damages for
copyright infringement), enacted December 9, 1999.
Work Made for Hire and Copyright Corrections Act of 2000, Pub. L.No. 106-379, 114 Stat. 1444 (amending the definition of work made for
hire in title 17 of the United States Code, amending chapter 7 of
title 17, including changing the language regarding Copyright Office
fees, and making other technical and conforming amendments to title 17),
enacted October 27, 2000.
Chapter 1
Subject Matter and Scope of Copyright
Definitions Subject matter of copyright: In general Subject matter of copyright: Compilations and derivative works Subject matter of copyright: National origin104A. Copyright in restored works
Subject matter of copyright: United States Government works Exclusive rights in copyrighted works106A. Rights of certain authors to attribution and integrity
Limitations on exclusive rights: Fair useLimitations on exclusive rights: Reproduction by libraries and
archives
Limitations on exclusive rights: Effect of transfer of
particular copy or phonorecord
Limitations on exclusive rights: Exemption of certain
performances and displays
Limitations on exclusive rights: Secondary transmissions Limitations on exclusive rights: Ephemeral recordingsScope of exclusive rights in pictorial, graphic, and sculptural
works
Scope of exclusive rights in sound recordingsScope of exclusive rights in nondramatic musical works:
Compulsory license for making and distributing phonorecords
Negotiated licenses for public performances by means of coin-
operated phonorecord players
Limitations on exclusive rights: Computer programs [1]Scope of exclusive rights: Use of certain works in connection
with noncommercial broadcasting
Limitations on exclusive rights: Secondary transmissions of
superstations and network stations for private home viewing
Scope of exclusive rights in architectural worksLimitations on exclusive rights: reproduction for blind or
other people with disabilities
Limitations on exclusive rights; secondary transmissions by
satellite carriers within local market
Section 101. Definitions [2]
Except as otherwise provided in this title, 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.
An "architectural work" is the design of a building as embodied in any
tangible medium of expression, including a building, architectural
plans, or drawings. The work includes the overall form as well as the
arrangement and composition of spaces and elements in the design, but
does not include individual standard features. [3]
"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 "Berne Convention" is the Convention for the Protection of Literary
and Artistic Works, signed at Berne, Switzerland, on September 9, 1886,
and all acts, protocols, and revisions thereto. [4]
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 that person's immediate offspring, whether
legitimate or not, and any children legally adopted by that person.
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
preexisting 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 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.
A "digital transmission" is a transmission in whole or in part in a
digital or other non-analog format. [5]
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.
An "establishment" is a store, shop, or any similar place of business
open to the general public for the primary purpose of selling goods or
services in which the majority of the gross square feet of space that is
nonresidential is used for that purpose, and in which nondramatic
musical works are performed publicly. [6]
A "food service or drinking establishment" is a restaurant, inn, bar,
tavern, or any other similar place of business in which the public or
patrons assemble for the primary purpose of being served food or drink,
in which the majority of the gross square feet of space that is
nonresidential is used for that purpose, and in which nondramatic
musical works are performed publicly. [7]
The term "financial gain" includes receipt, or expectation of receipt,
of anything of value, including the receipt of other copyrighted works.
[8]
A work is "fixed" in a tangible medium of expression when its embodiment
in a copy or phonorecord, by or under the
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