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

>portion of the performance or display 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;

(ii) in the case of a food service or drinking establishment, either the

establishment in which the communication occurs has less than 3,750

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 3,750 gross square feet of space or more

(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

portion of the performance or display 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;

(iii) no direct charge is made to see or hear the transmission or

retransmission;

(iv) the transmission or retransmission is not further transmitted

beyond the establishment where it is received; and

(v) the transmission or retransmission is licensed by the copyright

owner of the work so publicly performed or displayed;

(6) performance of a nondramatic musical work by a governmental body or

a nonprofit agricultural or horticultural organization, in the course of

an annual agricultural or horticultural fair or exhibition conducted by

such body or organization; the exemption provided by this clause shall

extend to any liability for copyright infringement that would otherwise

be imposed on such body or organization, under doctrines of vicarious

liability or related infringement, for a performance by a

concessionnaire, business establishment, or other person at such fair or

exhibition, but shall not excuse any such person from liability for the

performance;

(7) performance of a nondramatic musical work by a vending establishment

open to the public at large without any direct or indirect admission

charge, where the sole purpose of the performance is to promote the

retail sale of copies or phonorecords of the work, or of the audiovisual

or other devices utilized in such performance, and the performance is

not transmitted beyond the place where the establishment is located and

is within the immediate area where the sale is occurring;

(8) performance of a nondramatic literary work, by or in the course of a

transmission specifically designed for and primarily directed to blind

or other handicapped persons who are unable to read normal printed

material as a result of their handicap, or deaf or other handicapped

persons who are unable to hear the aural signals accompanying a

transmission of visual signals, if the performance is made without any

purpose of direct or indirect commercial advantage and its transmission

is made through the facilities of: (i) a governmental body; or (ii) a

noncommercial educational broadcast station (as defined in section 397

of title 47); or (iii) a radio subcarrier authorization (as defined in

47 CFR 73.293-73.295 and 73.593-73.595); or (iv) a cable system (as

defined in section 111 (f));

(9) performance on a single occasion of a dramatic literary work

published at least ten years before the date of the performance, by or

in the course of a transmission specifically designed for and primarily

directed to blind or other handicapped persons who are unable to read

normal printed material as a result of their handicap, if the

performance is made without any purpose of direct or indirect commercial

advantage and its transmission is made through the facilities of a radio

subcarrier authorization referred to in clause (8) (iii), Provided,

That the provisions of this clause shall not be applicable to more than

one performance of the same work by the same performers or under the

auspices of the same organization; and

(10) notwithstanding paragraph (4), the following is not an infringement

of copyright: performance of a nondramatic literary or musical work in

the course of a social function which is organized and promoted by a

nonprofit veterans' organization or a nonprofit fraternal organization

to which the general public is not invited, but not including the

invitees of the organizations, if the proceeds from the performance,

after deducting the reasonable costs of producing the performance, are

used exclusively for charitable purposes and not for financial gain. For

purposes of this section the social functions of any college or

university fraternity or sorority shall not be included unless the

social function is held solely to raise funds for a specific charitable

purpose.

The exemptions provided under paragraph (5) shall not be taken into

account in any administrative, judicial, or other governmental

proceeding to set or adjust the royalties payable to copyright owners

for the public performance or display of their works. Royalties payable

to copyright owners for any public performance or display of their works

other than such performances or displays as are exempted under paragraph

(5) shall not be diminished in any respect as a result of such

exemption.

Section 111. Limitations on exclusive rights: Secondary transmissions [42]

(a) Certain Secondary Transmissions Exempted. The secondary transmission

of a performance or display of a work embodied in a primary transmission

is not an infringement of copyright if-

(1) the secondary transmission is not made by a cable system, and

consists entirely of the relaying, by the management of a hotel,

apartment house, or similar establishment, of signals transmitted by a

broadcast station licensed by the Federal Communications Commission,

within the local service area of such station, to the private lodgings

of guests or residents of such establishment, and no direct charge is

made to see or hear the secondary transmission; or

(2) the secondary transmission is made solely for the purpose and under

the conditions specified by clause (2) of section 110; or

(3) the secondary transmission is made by any carrier who has no direct

or indirect control over the content or selection of the primary

transmission or over the particular recipients of the secondary

transmission, and whose activities with respect to the secondary

transmission consist solely of providing wires, cables, or other

communications channels for the use of others: Provided, That the

provisions of this clause extend only to the activities of said carrier

with respect to secondary transmissions and do not exempt from liability

the activities of others with respect to their own primary or secondary

transmissions;

(4) the secondary transmission is made by a satellite carrier for

private home viewing pursuant to a statutory license under section 119;

or

(5) the secondary transmission is not made by a cable system but is made

by a governmental body, or other nonprofit organization, without any

purpose of direct or indirect commercial advantage, and without charge

to the recipients of the secondary transmission other than assessments

necessary to defray the actual and reasonable costs of maintaining and

operating the secondary transmission service.

(b) Secondary Transmission of Primary Transmission to Controlled Group.

Notwithstanding the provisions of subsections (a) and (c), the secondary

transmission to the public of a performance or display of a work

embodied in a primary transmission is actionable as an act of

infringement under section 501, and is fully subject to the remedies

provided by sections 502 through 506 and 509, if the primary

transmission is not made for reception by the public at large but is

controlled and limited to reception by particular members of the public:

Provided, however, That such secondary transmission is not actionable

as an act of infringement if-

(1) the primary transmission is made by a broadcast station licensed by

the Federal Communications Commission; and

(2) the carriage of the signals comprising the secondary transmission is

required under the rules, regulations, or authorizations of the Federal

Communications Commission; and

(3) the signal of the primary transmitter is not altered or changed in

any way by the secondary transmitter.

(c) Secondary Transmissions by Cable Systems.-

(1) Subject to the provisions of clauses (2), (3), and (4) of this

subsection and section 114(d), secondary transmissions to the public by

a cable system of a performance or display of a work embodied in a

primary transmission made by a broadcast station licensed by the Federal

Communications Commission or by an appropriate governmental authority of

Canada or Mexico shall be subject to statutory licensing upon compliance

with the requirements of subsection (d) where the carriage of the

signals comprising the secondary transmission is permissible under the

rules, regulations, or authorizations of the Federal Communications

Commission.

(2) Notwithstanding the provisions of clause (1) of this subsection, the

willful or repeated secondary transmission to the public by a cable

system of a primary transmission made by a broadcast station licensed by

the Federal Communications Commission or by an appropriate governmental

authority of Canada or Mexico and embodying a performance or display of

a work is actionable as an act of infringement under section 501, and is

fully subject to the remedies provided by sections 502 through 506 and

509, in the following cases:

(A) where the carriage of the signals comprising the secondary

transmission is not permissible under the rules, regulations, or

authorizations of the Federal Communications Commission; or

(B) where the cable system has not deposited the statement of account

and royalty fee required by subsection (d).

(3) Notwithstanding the provisions of clause (1) of this subsection and

subject to the provisions of subsection (e) of this section, the

secondary transmission to the public by a cable system of a performance

or display of a work embodied in a primary transmission made by a

broadcast station licensed by the Federal Communications Commission or

by an appropriate governmental authority of Canada or Mexico is

actionable as an act of infringement under section 501, and is fully

subject to the remedies provided by sections 502 through 506 and

sections 509 and 510, if the content of the particular program in which

the performance or display is embodied, or any commercial advertising or

station announcements transmitted by the primary transmitter during, or

immediately before or after, the transmission of such program, is in any

way willfully altered by the cable system through changes, deletions, or

additions, except for the alteration, deletion, or substitution of

commercial advertisements performed by those engaged in television

commercial advertising market research: Provided, That the research

company has obtained the prior consent of the advertiser who has

purchased the original commercial advertisement, the television station

broadcasting that commercial advertisement, and the cable system

performing the secondary transmission: And provided further, That such

commercial alteration, deletion, or substitution is not performed for

the purpose of deriving income from the sale of that commercial time.

(4) Notwithstanding the provisions of clause (1) of this subsection, the

secondary transmission to the public by a cable system of a performance

or display of a work embodied in a primary transmission made by a

broadcast station licensed by an appropriate governmental authority of

Canada or Mexico is actionable as an act of infringement under section

501, and is fully subject to the remedies provided by sections 502

through 506 and section 509, if (A) with respect to Canadian signals,

the community of the cable system is located more than 150 miles from

the United States-Canadian border and is also located south of the

forty-second parallel of latitude, or (B) with respect to Mexican

signals, the secondary transmission is made by a cable system which

received the primary transmission by means other than direct

interception of a free