A	>>	B	>>	C	>>	D	>>	E
F	>>	G	>>	H	>>	I	>>	J
K	>>	L	>>	M	>>	N	>>	O
P	>>	R	>>		S	>>		T
U	>>		V			>>		W

Laura E. Richards - "Captain January"

George Meredith - "Diana of the Crossways, v5"

Unknown - "The Bible, King James version, Book 31: Obadiah"

Bjornstjerne Bjornson - "Absalom's Hair"

Copyright Law of the United States of America

T >> The US Copyright Office >> Copyright Law of the United States of America




(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.

(c) Notwithstanding the provisions of section 106(5), the owner of a
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

(C) the transmission is made primarily for-

(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
copyright owner has served notice of objection to the performance under
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
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 space radio wave emitted by such broadcast
television station, unless prior to April 15, 1976, such cable system
was actually carrying, or was specifically authorized to carry, the
signal of such foreign station on the system pursuant to the rules,
regulations, or authorizations of the Federal Communications Commission.

(d) Statutory License for Secondary Transmissions by Cable Systems. [43]

(1) A cable system whose secondary transmissions have been subject to
statutory licensing under subsection (c) shall, on a semiannual basis,
deposit with the Register of Copyrights, in accordance with requirements
that the Register shall prescribe by regulation-

(A) a statement of account, covering the six months next preceding,
specifying the number of channels on which the cable system made
secondary transmissions to its subscribers, the names and locations of
all primary transmitters whose transmissions were further transmitted by
the cable system, the total number of subscribers, the gross amounts
paid to the cable system for the basic service of providing secondary
transmissions of primary broadcast transmitters, and such other data as
the Register of Copyrights may from time to time prescribe by
regulation. In determining the total number of subscribers and the gross
amounts paid to the cable system for the basic service of providing
secondary transmissions of primary broadcast transmitters, the cable
system shall not include subscribers and amounts collected from
subscribers receiving secondary transmissions for private home viewing
pursuant to section 119. Such statement shall also include a special
statement of account covering any nonnetwork television programming that
was carried by the cable system in whole or in part beyond the local
service area of the primary transmitter, under rules, regulations, or
authorizations of the Federal Communications Commission permitting the
substitution or addition of signals under certain circumstances,
together with logs showing the times, dates, stations, and programs
involved in such substituted or added carriage; and

(B) except in the case of a cable system whose royalty is specified in
subclause (C) or (D), a total royalty fee for the period covered by the
statement, computed on the basis of specified percentages of the gross
receipts from subscribers to the cable service during said period for
the basic service of providing secondary transmissions of primary
broadcast transmitters, as follows:

(i) 0.675 of 1 per centum of such gross receipts for the privilege of
further transmitting any nonnetwork programming of a primary transmitter
in whole or in part beyond the local service area of such primary
transmitter, such amount to be applied against the fee, if any, payable
pursuant to paragraphs (ii) through (iv);

(ii) 0.675 of 1 per centum of such gross receipts for the first distant
signal equivalent;

(iii) 0.425 of 1 per centum of such gross receipts for each of the
second, third, and fourth distant signal equivalents;

(iv) 0.2 of 1 per centum of such gross receipts for the fifth distant
signal equivalent and each additional distant signal equivalent
thereafter; and

in computing the amounts payable under paragraph (ii) through (iv),
above, any fraction of a distant signal equivalent shall be computed at
its fractional value and, in the case of any cable system located partly
within and partly without the local service area of a primary
transmitter, gross receipts shall be limited to those gross receipts
derived from subscribers located without the local service area of such
primary transmitter; and

(C) if the actual gross receipts paid by subscribers to a cable system
for the period covered by the statement for the basic service of
providing secondary transmissions of primary broadcast transmitters
total $80,000 or less, gross receipts of the cable system for the
purpose of this subclause shall be computed by subtracting from such
actual gross receipts the amount by which $80,000 exceeds such actual
gross receipts, except that in no case shall a cable system's gross
receipts be reduced to less than $3,000. The royalty fee payable under
this subclause shall be 0.5 of 1 per centum, regardless of the number of
distant signal equivalents, if any; and

(D) if the actual gross receipts paid by subscribers to a cable system
for the period covered by the statement, for the basic service of
providing secondary transmissions of primary broadcast transmitters, are
more than $80,000 but less than $160,000, the royalty fee payable under
this subclause shall be

(i) 0.5 of 1 per centum of any gross receipts up to $80,000; and

(ii) 1 per centum of any gross receipts in excess of $80,000 but less
than $160,000, regardless of the number of distant signal equivalents,
if any.

(2) The Register of Copyrights shall receive all fees deposited under
this section and, after deducting the reasonable costs incurred by the
Copyright Office under this section, shall deposit the balance in the
Treasury of the United States, in such manner as the Secretary of the
Treasury directs. All funds held by the Secretary of the Treasury shall
be invested in interest-bearing United States securities for later
distribution with interest by the Librarian of Congress in the event no
controversy over distribution exists, or by a copyright arbitration
royalty panel in the event a controversy over such distribution exists.

(3) The royalty fees thus deposited shall, in accordance with the
procedures provided by clause (4), be distributed to those among the
following copyright owners who claim that their works were the subject
of secondary transmissions by cable systems during the relevant
semiannual period:

Author of ‘Conversations With God’ Admits Essay Wasn’t His
A personal Christmas tale posted online by the author Neale Donald Walsch turns out to belong to someone else — the writer Candy Chand, who first published it 10 years ago.

Books of The Times: When Labels Fought the Digital, and the Digital Won
Steve Knopper’s stark accounting of the mistakes major record labels have made in the digital era suggests they are largely responsible for their own demise.

Arts, Briefly: Winfrey Web Site Notes Fabricated Memoir
Oprah.com, the Web site of “The Oprah Winfrey Show,” has posted a disclaimer acknowledging that Herman Rosenblat admitted he had invented portions of his Holocaust memoir.