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the last 20 years of any

term of copyright of a published work, a library or archives, including

a nonprofit educational institution that functions as such, may

reproduce, distribute, display, or perform in facsimile or digital form

a copy or phonorecord of such work, or portions thereof, for purposes of

preservation, scholarship, or research, if such library or archives has

first determined, on the basis of a reasonable investigation, that none

of the conditions set forth in subparagraphs (A), (B), and (C) of

paragraph (2) apply.

(2) No reproduction, distribution, display, or performance is authorized

under this subsection if=

(A) the work is subject to normal commercial exploitation;

(B) a copy or phonorecord of the work can be obtained at a reasonable

price; or

regulations promulgated by the Register of Copyrights that either of the

conditions set forth in subparagraphs (A) and (B) applies.

(3) The exemption provided in this subsection does not apply to any

subsequent uses by users other than such library or archives.

(i) The rights of reproduction and distribution under this section do

not apply to a musical work, a pictorial, graphic or sculptural work, or

a motion picture or other audiovisual work other than an audiovisual

work dealing with news, except that no such limitation shall apply with

respect to rights granted by subsections (b) and (c), or with respect to

pictorial or graphic works published as illustrations, diagrams, or

similar adjuncts to works of which copies are reproduced or distributed

in accordance with subsections (d) and (e).

Section 109. Limitations on exclusive rights: Effect of transfer of

particular copy or phonorecord [40]

(a) Notwithstanding the provisions of section 106(3), the owner of a

particular copy or phonorecord lawfully made under this title, or any

person authorized by such owner, is entitled, without the authority of

the copyright owner, to sell or otherwise dispose of the possession of

that copy or phonorecord. Notwithstanding the preceding sentence, copies

or phonorecords of works subject to restored copyright under section

104A that are manufactured before the date of restoration of copyright

or, with respect to reliance parties, before publication or service of

notice under section 104A(e), may be sold or otherwise disposed of

without the authorization of the owner of the restored copyright for

purposes of direct or indirect commercial advantage only during the

12-month period beginning on-

(1) the date of the publication in the Federal Register of the notice of

intent filed with the Copyright Office under section 104A(d)(2)(A), or

(2) the date of the receipt of actual notice served under section

104A(d)(2)(B), whichever occurs first.

(b)(1)(A) Notwithstanding the provisions of subsection (a), unless

authorized by the owners of copyright in the sound recording or the

owner of copyright in a computer program (including any tape, disk, or

other medium embodying such program), and in the case of a sound

recording in the musical works embodied therein, neither the owner of a

particular phonorecord nor any person in possession of a particular copy

of a computer program (including any tape, disk, or other medium

embodying such program), may, for the purposes of direct or indirect

commercial advantage, dispose of, or authorize the disposal of, the

possession of that phonorecord or computer program (including any tape,

disk, or other medium embodying such program) by rental, lease, or

lending, or by any other act or practice in the nature of rental, lease,

or lending. Nothing in the preceding sentence shall apply to the rental,

lease, or lending of a phonorecord for nonprofit purposes by a nonprofit

library or nonprofit educational institution. The transfer of possession

of a lawfully made copy of a computer program by a nonprofit educational

institution to another nonprofit educational institution or to faculty,

staff, and students does not constitute rental, lease, or lending for

direct or indirect commercial purposes under this subsection.

(B) This subsection does not apply to-

(i) a computer program which is embodied in a machine or product and

which cannot be copied during the ordinary operation or use of the

machine or product; or

(ii) a computer program embodied in or used in conjunction with a

limited purpose computer that is designed for playing video games and

may be designed for other purposes.

this title.

(2)(A) Nothing in this subsection shall apply to the lending of a

computer program for nonprofit purposes by a nonprofit library, if each

copy of a computer program which is lent by such library has affixed to

the packaging containing the program a warning of copyright in

accordance with requirements that the Register of Copyrights shall

prescribe by regulation.

(B) Not later than three years after the date of the enactment of the

Computer Software Rental Amendments Act of 1990, and at such times

thereafter as the Register of Copyrights considers appropriate, the

stating whether this paragraph has achieved its intended purpose of

maintaining the integrity of the copyright system while providing

nonprofit libraries the capability to fulfill their function. Such

report shall advise the Congress as to any information or

recommendations that the Register of Copyrights considers necessary to

carry out the purposes of this subsection.

(3) Nothing in this subsection shall affect any provision of the

antitrust laws. For purposes of the preceding sentence, "antitrust laws"

has the meaning given that term in the first section of the Clayton Act

and includes section 5 of the Federal Trade Commission Act to the extent

that section relates to unfair methods of competition.

(4) Any person who distributes a phonorecord or a copy of a computer

program (including any tape, disk, or other medium embodying such

program) in violation of paragraph (1) is an infringer of copyright

under section 501 of this title and is subject to the remedies set forth

in sections 502, 503, 504, 505, and 509. Such violation shall not be a

criminal offense under section 506 or cause such person to be subject to

the criminal penalties set forth in section 2319 of title 18.

particular copy lawfully made under this title, or any person authorized

by such owner, is entitled, without the authority of the copyright

owner, to display that copy publicly, either directly or by the

projection of no more than one image at a time, to viewers present at

the place where the copy is located.

(d) The privileges prescribed by subsections (a) and (c) do not, unless

authorized by the copyright owner, extend to any person who has acquired

possession of the copy or phonorecord from the copyright owner, by

rental, lease, loan, or otherwise, without acquiring ownership of it.

(e) Notwithstanding the provisions of sections 106(4) and 106(5), in the

case of an electronic audiovisual game intended for use in coin-operated

equipment, the owner of a particular copy of such a game lawfully made

under this title, is entitled, without the authority of the copyright

owner of the game, to publicly perform or display that game in coin-

operated equipment, except that this subsection shall not apply to any

work of authorship embodied in the audiovisual game if the copyright

owner of the electronic audiovisual game is not also the copyright owner

of the work of authorship.

Section 110. Limitations on exclusive rights: Exemption of certain

performances and displays [41]

Notwithstanding the provisions of section 106, the following are not

infringements of copyright:

(1) performance or display of a work by instructors or pupils in the

course of face-to-face teaching activities of a nonprofit educational

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 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

(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 display of a work, in

the course of services at a place of worship or other religious

assembly;

(4) performance of a nondramatic literary or musical work 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

the following conditions;

(i) the notice shall be in writing and signed by the copyright owner or

such owner's 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 the objection; and

(iii) the notice shall comply, in form, content, and manner of service,

with requirements that the Register of Copyrights shall prescribe by

regulation;

(5)(A) except as provided in subparagraph (B), 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-

(i) a direct charge is made to see or hear the transmission; or

(ii) the transmission thus received is further transmitted to the

public;

(B) communication by an establishment of a transmission or

retransmission embodying a performance or display of a nondramatic

musical work intended to be received by the general public, originated

by a radio or television broadcast station licensed as such by the

Federal Communications Commission, or, if an audiovisual transmission,

by a cable system or satellite carrier, if-

(i) in the case of an establishment other than a food service or

drinking establishment, either the establishment in which the

communication occurs has less than 2,000 gross square feet of space

(excluding space used for customer parking and for no other purpose), or

the establishment in which the communication occurs has 2,000 or more

gross square feet of space (excluding space used for customer parking

and for no other purpose) and-

(I) if the performance is by audio means only, the performance is

communicated by means of a total of not more than 6 loudspeakers, of

which not more than 4 loudspeakers are located in any 1 room or

adjoining outdoor space; or

(II) if the performance or display is by audiovisual means, any visual

portion of the performance or display is communicated by means of a

total of not more than 4 audiovisual devices, of which not more than 1

audiovisual device is located in any 1 room, and no such audiovisual

device has a diagonal screen size greater than 55 inches, and any audio

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