U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

to prevent any destruction of a work of recognized stature, and any

intentional or grossly negligent destruction of that work is a violation

of that right.

(b) Scope and Exercise of Rights. Only the author of a work of visual

art has the rights conferred by subsection (a) in that work, whether or

not the author is the copyright owner. The authors of a joint work of

visual art are coowners of the rights conferred by subsection (a) in

that work.

(c) Exceptions.- (1) The modification of a work of visual art which is

the result of the passage of time or the inherent nature of the

materials is not a distortion, mutilation, or other modification

described in subsection (a)(3)(A).

(2) The modification of a work of visual art which is the result of

conservation, or of the public presentation, including lighting and

placement, of the work is not a destruction, distortion, mutilation, or

other modification described in subsection (a)(3) unless the

modification is caused by gross negligence.

(3) The rights described in paragraphs (1) and (2) of subsection (a)

shall not apply to any reproduction, depiction, portrayal, or other use

of a work in, upon, or in any connection with any item described in

subparagraph (A) or (B) of the definition of "work of visual art" in

section 101, and any such reproduction, depiction, portrayal, or other

use of a work is not a destruction, distortion, mutilation, or other

modification described in paragraph (3) of subsection (a).

(d) Duration of Rights.- (1) With respect to works of visual art created

on or after the effective date set forth in section 610(a) of the Visual

Artists Rights Act of 1990, the rights conferred by subsection (a) shall

endure for a term consisting of the life of the author.

(2) With respect to works of visual art created before the effective

date set forth in section 610(a) of the Visual Artists Rights Act of

1990, but title to which has not, as of such effective date, been

transferred from the author, the rights conferred by subsection (a)

shall be coextensive with, and shall expire at the same time as, the

rights conferred by section 106.

(3) In the case of a joint work prepared by two or more authors, the

rights conferred by subsection (a) shall endure for a term consisting of

the life of the last surviving author.

(4) All terms of the rights conferred by subsection (a) run to the end

of the calendar year in which they would otherwise expire.

(e) Transfer and Waiver.- (1) The rights conferred by subsection (a) may

not be transferred, but those rights may be waived if the author

expressly agrees to such waiver in a written instrument signed by the

author. Such instrument shall specifically identify the work, and uses

of that work, to which the waiver applies, and the waiver shall apply

only to the work and uses so identified. In the case of a joint work

prepared by two or more authors, a waiver of rights under this paragraph

made by one such author waives such rights for all such authors.

(2) Ownership of the rights conferred by subsection (a) with respect to

a work of visual art is distinct from ownership of any copy of that

work, or of a copyright or any exclusive right under a copyright in that

work. Transfer of ownership of any copy of a work of visual art, or of a

copyright or any exclusive right under a copyright, shall not constitute

a waiver of the rights conferred by subsection (a). Except as may

otherwise be agreed by the author in a written instrument signed by the

author, a waiver of the rights conferred by subsection (a) with respect

to a work of visual art shall not constitute a transfer of ownership of

any copy of that work, or of ownership of a copyright or of any

exclusive right under a copyright in that work.

Section 107. Limitations on exclusive rights: Fair use [38]

Notwithstanding the provisions of sections 106 and 106A, the fair use of

a copyrighted work, including such use by reproduction in copies or

phonorecords or by any other means specified by that section, for

purposes such as criticism, comment, news reporting, teaching (including

multiple copies for classroom use), scholarship, or research, is not an

infringement of copyright. In determining whether the use made of a work

in any particular case is a fair use the factors to be considered shall

include-

(1) the purpose and character of the use, including whether such use is

of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the

copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the

copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of

fair use if such finding is made upon consideration of all the above

factors.

Section 108. Limitations on exclusive rights: Reproduction by libraries

and archives [39]

(a) Except as otherwise provided in this title and notwithstanding the

provisions of section 106, it is not an infringement of copyright for a

library or archives, or any of its employees acting within the scope of

their employment, to reproduce no more than one copy or phonorecord of a

work, except as provided in subsections (b) and (c), or to distribute

such copy or phonorecord, under the conditions specified by this

section, if-

(1) the reproduction or distribution is made without any purpose of

direct or indirect commercial advantage;

(2) the collections of the library or archives are (i) open to the

public, or (ii) available not only to researchers affiliated with the

library or archives or with the institution of which it is a part, but

also to other persons doing research in a specialized field; and

(3) the reproduction or distribution of the work includes a notice of

copyright that appears on the copy or phonorecord that is reproduced

under the provisions of this section, or includes a legend stating that

the work may be protected by copy-right if no such notice can be found

on the copy or phonorecord that is reproduced under the provisions of

this section.

(b) The rights of reproduction and distribution under this section apply

to three copies or phonorecords of an unpublished work duplicated solely

for purposes of preservation and security or for deposit for research

use in another library or archives of the type described by clause (2)

of subsection (a), if-

(1) the copy or phonorecord reproduced is currently in the collections

of the library or archives; and

(2) any such copy or phonorecord that is reproduced in digital format is

not otherwise distributed in that format and is not made available to

the public in that format outside the premises of the library or

archives.

(c) The right of reproduction under this section applies to three copies

or phonorecords of a published work duplicated solely for the purpose of

replacement of a copy or phonorecord that is damaged, deteriorating,

lost, or stolen, or if the existing format in which the work is stored

has become obsolete, if-

(1) the library or archives has, after a reasonable effort, determined

that an unused replacement cannot be obtained at a fair price; and

(2) any such copy or phonorecord that is reproduced in digital format is

not made available to the public in that format outside the premises of

the library or archives in lawful possession of such copy.

For purposes of this subsection, a format shall be considered obsolete

if the machine or device necessary to render perceptible a work stored

in that format is no longer manufactured or is no longer reasonably

available in the commercial marketplace.

(d) The rights of reproduction and distribution under this section apply

to a copy, made from the collection of a library or archives where the

user makes his or her request or from that of another library or

archives, of no more than one article or other contribution to a

copyrighted collection or periodical issue, or to a copy or phonorecord

of a small part of any other copyrighted work, if-

(1) the copy or phonorecord becomes the property of the user, and the

library or archives has had no notice that the copy or phonorecord would

be used for any purpose other than private study, scholarship, or

research; and

(2) the library or archives displays prominently, at the place where

orders are accepted, and includes on its order form, a warning of

copyright in accordance with requirements that the Register of

Copyrights shall prescribe by regulation.

(e) The rights of reproduction and distribution under this section apply

to the entire work, or to a substantial part of it, made from the

collection of a library or archives where the user makes his or her

request or from that of another library or archives, if the library or

archives has first determined, on the basis of a reasonable

investigation, that a copy or phonorecord of the copyrighted work cannot

be obtained at a fair price, if-

(1) the copy or phonorecord becomes the property of the user, and the

library or archives has had no notice that the copy or phonorecord would

be used for any purpose other than private study, scholarship, or

research; and

(2) the library or archives displays prominently, at the place where

orders are accepted, and includes on its order form, a warning of

copyright in accordance with requirements that the Register of

Copyrights shall prescribe by regulation.

(f) Nothing in this section-

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

upon a library or archives or its employees for the unsupervised use of

reproducing equipment located on its premises: Provided, That such

equipment displays a notice that the making of a copy may be subject to

the copyright law;

(2) excuses a person who uses such reproducing equipment or who requests

a copy or phonorecord under subsection (d) from liability for copyright

infringement for any such act, or for any later use of such copy or

phonorecord, if it exceeds fair use as provided by section 107;

(3) shall be construed to limit the reproduction and distribution by

lending of a limited number of copies and excerpts by a library or

archives of an audiovisual news program, subject to clauses (1), (2),

and (3) of subsection (a); or

(4) in any way affects the right of fair use as provided by section 107,

or any contractual obligations assumed at any time by the library or

archives when it obtained a copy or phonorecord of a work in its

collections.

(g) The rights of reproduction and distribution under this section

extend to the isolated and unrelated reproduction or distribution of a

single copy or phonorecord of the same material on separate occasions,

but do not extend to cases where the library or archives, or its

employee-

(1) is aware or has substantial reason to believe that it is engaging in

the related or concerted reproduction or distribution of multiple copies

or phonorecords of the same material, whether made on one occasion or

over a period of time, and whether intended for aggregate use by one or

more individuals or for separate use by the individual members of a

group; or

(2) engages in the systematic reproduction or distribution of single or

multiple copies or phonorecords of material described in subsection (d):

Provided, That nothing in this clause prevents a library or archives

from participating in interlibrary arrangements that do not have, as

their purpose or effect, that the library or archives receiving such

copies or phonorecords for distribution does so in such aggregate

quantities as to substitute for a subscription to or purchase of such

work.

(h)(1) For purposes of this section, during