U.S.A. Copyright Law - Library of Congress. Copyright Office (best sales books of all time txt) 📗

class="calibre8">Audio Home Recording Act of 1992, Pub. L. No. 102-563, 106 Stat.

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 Chip

Protection 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 Treaties

Implementation 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 of

the 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 the

Digital 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 Millennium

Copyright 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 Design

Protection 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 the

Intellectual 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 of

1999, 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 origin

104A. Copyright in restored works

Subject matter of copyright: United States Government works Exclusive rights in copyrighted works

106A. Rights of certain authors to attribution and integrity

Limitations on exclusive rights: Fair use

Limitations 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 recordings

Scope of exclusive rights in pictorial, graphic, and sculptural

works

Scope of exclusive rights in sound recordings

Scope 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 works

Limitations 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