Copyrightlaw compulsory license

For purposes of paragraph 2no governmental body or accredited nonprofit educational institution shall be liable for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material as authorized under paragraph 2.

Compilations and derivative works a The subject matter of copyright as specified by section includes compilations and derivative works, but protection for a work employing Copyrightlaw compulsory license material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.

Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto.

The term does not refer to activities that use, in 1 or more class sessions of a single course, such works as textbooks, course packs, or other material in any media, copies or phonorecords of which are typically purchased or acquired by the students in higher education for their independent use and retention or are typically purchased or acquired for elementary and secondary students for their possession and independent use.

C The Register of Copyrights is authorized to fix reasonable fees based on the costs of receipt, processing, recording, and publication of notices of intent to enforce a restored copyright and corrections thereto. Nothing in the preceding sentence shall apply to the rental, lease, or lending of a phonorecord Copyrightlaw compulsory license nonprofit purposes by a nonprofit library or nonprofit educational institution.

Rights of certain authors to attribution and integrity 39 a Rights of Attribution and Integrity.

Subject matter of copyright: Copyright in restored works 31 a Automatic Protection and Term. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. Notwithstanding the preceding sentence, copies or phonorecords of works subject to restored copyright under section A that are manufactured before the date of restoration of copyright or, with respect to reliance parties, before publication or service of notice under section A emay 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 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 A Aor 2 the date of the receipt of actual notice served under section A 2 Bwhichever occurs first.

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 ; 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 12and 3 of subsection a ; or 4 in any way affects the right of fair use as provided by sectionor 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.

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.

The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. Such violation shall not be a criminal offense under section or cause such person to be subject to the criminal penalties set forth in section of title B i The Register of Copyrights shall publish in the Federal Register, commencing not later than 4 months after the date of restoration for a particular nation and every 4 months thereafter for a period of 2 years, lists identifying restored works and the ownership thereof if a notice of intent to enforce a restored copyright has been filed.

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; and 11 the making imperceptible, by or at the direction of a member of a private household, of limited portions of audio or video content of a motion picture, during a performance in or transmitted to that household for private home viewing, from an authorized copy of the motion picture, or the creation or provision of a computer program or other technology that enables such making imperceptible and that is designed and marketed to be used, at the direction of a member of a private household, for such making imperceptible, if no fixed copy of the altered version of the motion picture is created by such computer program or other technology.

Notices shall be published in the Federal Register pursuant to subparagraph B.

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 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. National origin 29 a Unpublished Works. For purposes of paragraph 2a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as the case may be.

Exemption of certain performances and displays 43 Notwithstanding the provisions of sectionthe following are not infringements of copyright: 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.

D i Not later than 90 days before the date the Agreement on Trade- Related Aspects of Intellectual Property referred to in section 15 of the Uruguay Round Agreements Act enters into force with respect to the United States, the Copyright Office shall issue and publish in the Federal Register regulations governing the filing under this subsection of notices of intent to enforce a restored copyright.

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. If the notice is signed by an agent, the agency relationship must have been constituted in writing and signed by the owner before service of the notice.

The authors of a joint work of visual art are coowners of the rights conferred by subsection a in that work. In determining whether any work is eligible to be considered a work made for hire under paragraph 2neither the amendment contained in section d of the Intellectual Property and Communications Omnibus Reform Act ofas enacted by section a 9 of Public Lawnor the deletion of the words added by that amendment— A shall be considered or otherwise given any legal significance, or B shall be interpreted to indicate congressional approval or disapproval of, or acquiescence in, any judicial determination, by the courts or the Copyright Office.

No such material stored on the system or network controlled or operated by the transmitting body or institution under this paragraph shall be maintained on such system or network in a manner ordinarily accessible to anyone other than anticipated recipients.

Effect of transfer of particular copy or phonorecord 42 a Notwithstanding the provisions of section 3the 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.

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.

The Copyright Office may specifically require in regulations other information to be included in the notice, but failure to provide such other information shall not invalidate the notice or be a basis for refusal to list the restored work in the Federal Register.Limitations on exclusive rights: Ephemeral recordings 46 (a)(1) Notwithstanding the provisions of sectionand except in the case of a motion picture or other audiovisual work, it is not an infringement of copyright for a transmitting organization entitled to transmit to the public a performance or display of a work, under a license, including a statutory license under section (f.

Copyrightlaw compulsory license
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