Coalition for Networked Information
Information Policies: A Compilation of Position Statements, Principles,
Statutes, and Other Pertinent Statements
Copyright Act of 1976
Source: Title 17, United States Code, Sections 101-810.
[Sections 106, 107, and 108 of the U.S. Copyright Act are of particular
interest to the projected user community of this information. However,
in order to have the convenience of access to the complete act available
it is provided here in its entirety.]
Section 101. Definitions.
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.
"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 "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.
A "computer program" is a set of statements or instructions to be
used directly or indirectly in a computer in order to bring about a
certain result.
"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.
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
processor, in the case of a motion picture or other audiovisual work, to
show individual images nonsequentially.
A work is "fixed" in a tangible medium of expression when its
embodiment in a copy or phonorecord, by or under the authority of the
author, is sufficiently permanent or stable to permit it to be
perceived, reproduced, or otherwise communicated for a period of
more than transitory duration. A work consisting of sounds, images, or
both, that are being transmitted, is "fixed for purposes of this title if
a fixation of the work is being made simultaneously with its
transmission.
The terms "including" and "such as" are illustrative and not
limitative.
A "joint work" is a work prepared by two or more authors with the
intention that their contributions be merged into inseparable or
interdependent parts of a unitary whole.
"Literary works" are works, other than audiovisual works,
expressed in words, numbers, or other verbal or numerical symbols or
indicia, regardless of the nature of the material objects, such as
books, periodicals, manuscripts, phonorecords, film, tapes, disks, or
cards, in which they are embodied.
"Motion pictures: are audiovisual works consisting of a series of
related images which, when shown in succession, impart an
impression of motion, together with accompanying sounds, if any.
To "perform" a work means to recite, render, play, dance, or act it,
either directly or by means of any device or process or, in the case of a
motion picture or other audiovisual work, to show its images in any
sequence or to make the sounds accompanying it audible.
"Phonorecords" are material objects in which sounds, other than
those accompanying a motion picture or other audiovisual work, are
fixed by any method now known or later developed, and from which
the sounds can be perceived, reproduced, or otherwise communicated,
either directly or with the aid of a machine or device. The term
"phonorecords" includes the material object in which the sounds are
first fixed.
"Pictorial, graphic, and sculptural works" include two-
dimensional and three-dimensional works of fine, graphic, and
applied art, photographs, prints and art reproductions, maps, globes,
charts, technical drawings, diagrams, and models. Such works shall
include works of artistic craftsmanship insofar as their form but not
their mechanical or utilitarian aspects are concerned; the design of a
useful article, as defined in this section, shall be considered a
pictorial, graphic, or sculptural work only if, and only to the extent
that, such design incorporates pictorial, graphic, or sculptural
features that can be identified separately from, and are capable of
existing independently of, the utilitarian aspects of the article.
A "pseudonymous work" is a work on the copies or phonorecords of
which the author is identified under a fictitious name.
"Publication" is the distribution of copies or phonorecords of a work
to the public by sale or other transfer of ownership, or by rental,
lease, or lending. The offering to distribute copies or phonorecords to
a group of persons for purposes of further distribution, public
performance, or public display, constitutes publication. A public
performance or display of a work does not of itself constitute
publication.
To perform or display a work "publicly" means-
(1) to perform or display it at a place open to the public or
at any place where a substantial number of persons outside of a
normal circle of a family and its social acquaintances is gathered;
or,
(2) to transmit or otherwise communicate a performance or
display of the work to a place specified by clause (1) or to the
public, by means of any device or process, whether the members of
the public capable of receiving the performance or display receive
it in the same place or in separate places and at the same time or
at different times.
"Sound recordings" are works that result from the fixation of a
series of musical, spoken, or other sounds, but not including the sounds
accompanying a motion picture or other audiovisual work, regardless
of the nature of the material objects, such as disks, tapes, or other
phonorecords, in which they are embodied.
"State" includes the District of Columbia and the Commonwealth
of Puerto Rico, and any territories to which this title is made
applicable by an Act of Congress.
A "Transfer of copyright ownership" is an assignment, mortgage,
exclusive license, or any other conveyance, alienation, or
hypothecation of a copyright or of any of the exclusive rights
comprised in a copyright, whether or not it is limited in time or place
of effect, but not including a nonexclusive license.
A "transmission program" is a body of material that, as an
aggregate, has been produced for the sole purpose of transmission to
the public in sequence and as a unit.
To "transmit" a performance or display is to communicate it by any
device or process whereby images or sounds are received beyond the
place from which they are sent.
The "United States," when used in a geographical sense, comprises
the several States, the District of Columbia and the Commonwealth
of Puerto Rico, and the organized territories under the jurisdiction of
the United States Government.
A "useful article" is an article having an intrinsic utilitarian
function that is not merely to portray the appearance of the article or
to convey information. An article that is normally a part of a useful
article is considered a "useful article."
The author's "widow" or "widower" is the author's surviving
spouse under the law of the author's domicile at the time of his or
her death, whether or not the spouse has later remarried.
A "work of the United States Government" is a work prepared by
any officer or employee of the United States Government as part of
that person's official duties.
A "work made for hire" is-
(1) a work prepared by an employee within the scope of his or
her employment; or
(2) a work specially ordered or commissioned for use as a
contribution to a collective work, as a part of a motion picture or
other audiovisual work, as a translation, as a supplementary work,
as a compilation, as an instructional text, as a test, as answer
material for a test, or as an atlas, if the parties expressly agree
in a written instrument signed by them that the work shall be
considered a work made for hire. For the purpose of the foregoing
sentence, a "supplementary work" is a work prepared for
publication as a secondary adjunct to a work by another author for
the purpose of introducing, concluding, illustrating, explaining,
revising, commenting upon, or assisting in the use of the other work,
such as forewords, afterwords, pictorial illustrations, maps,
charts, tables, editorial notes, musical arrangements, answer
material for tests, bibliographies, appendixes, and indexes, and an
"instructional text" is a literary, pictorial, or graphic work
prepared for publication and with the purpose of use in systematic
instructional activities.
Section 102. Subject matter of copyright: In general.
(a) Copyright protection subsists, in accordance with this title, in
original works of authorship fixed in any tangible medium of
expression, now known or later developed, from which they can be
perceived, reproduced, or otherwise communicated, either directly or
with the aid of a machine or device. Works of authorship include the
following categories:
(1) literary works:
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works; and
(7) sound recordings.
(b) In no case does copyright protection for an original work of
authorship extend to any idea, procedure, process, system, method of
operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in such work.
Section 103. Subject matter of copyright: Compilations and derivative works.
(a) The subject matter of copyright as specified by section 102
includes compilations and derivative works, but protection for a work
employing preexisting material in which copyright subsists does not
extend to any part of the work in which such material has been used
unlawfully.
(b) The copyright in a compilation or derivative work extends only
to the material contributed by the author of such work, as
distinguished from the preexisting material employed in the work, and
does not imply any exclusive right in the preexisting material. The
copyright in such work is independent of, and does not affect or enlarge
the scope, duration, ownership, or subsistence of, any copyright
protection in the preexisting material.
Section 104. Subject matter of copyright: National origin.
(a) Unpublished Works.--The works specified by sections 102 and
103, while unpublished, are subject to protection under this title
without regard to the nationality or domicile of the author.
(b) Published Works.-- The works specified by section 102 and 103,
when published, are subject to protection under this title if-
(1) on the date of first publication, one or more of the authors
is a national or domiciliary of the United States, or is a
national, domiciliary, or sovereign authority of a foreign
nation that is a party to a copyright treaty to which the
United States is also a party, or is a stateless person, wherever
that person may be domiciled; or
(2) the work is first published in the United States or in a
foreign nation that, on the date of first publication, is a party
to the Universal Copyright Convention; or
(3) the work is first published by the United Nations or any
of its specialized agencies, or by the Organization of American
States; or
(4) the work comes within the scope of a Presidential
proclamation. Whenever the President finds that a particular
foreign nation extends, to works by authors who are nationals
or domiciliaries of the United States or to works that are first
published in the United States, copyright protection on
substantially the same basis as that on which the foreign
nation extends protection to works of its own nationals and
domiciliaries and works first published in that nation, the
President may by proclamation extend protection under this
title to works of which one or more of the authors is, on the
date of first publication, a national, domiciliary, or sovereign
authority of that nation, or which was first published in that
nation. The President may revise, suspend, or revoke any such
proclamation or impose any conditions or limitations on
protection under a proclamation.
Section 105. Subject matter of copyright: United States Government works.
Copyright protection under this title is not available for any work of
the United States Government, but the United States Government is not
precluded from receiving and holding copyrights transferred to it by
assignment, bequest, or otherwise.
Section 106. Exclusive rights in copyrighted works.
Subject to sections 107 through 118, the owner of copyright under this
title has the exclusive rights to do and to authorize any of the
following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to
the public by sale or other transfer of ownership, or by rental, lease,
or lending;
(4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works,
to perform the copyrighted work publicly; and
(5) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other
audiovisual work, to display the copyrighted publicly.
Section 107. Limitations on exclusive rights: Fair use.
Notwithstanding the provisions of section 106, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research, is not an
infringement of copyright. 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 word as a whole; and
(4) the effect of the use upon the potential market for or value of
the copyrighted work.
Section 108. Limitations on exclusive rights: Reproduction by libraries and
archives.
(a) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for a library or archives, or any of its employees
acting within the scope of their employment, to reproduce no more than one
copy or phonorecord of a work, or to distribute such copy or phonorecord,
under the conditions specified by this section, if-
(1) the reproduction or distribution is made without any purpose of
direct or indirect commercial advantage;
(2) the collections of the library or archives are
(i) open to the public, or
(ii) available not only to researchers affiliated with the
library or archives or with the institution of which it is a part,
but also to other persons doing research in a specialized field; and
(3) the reproduction or distribution of the work includes a notice of
copyright.
(b) The rights of reproduction and distribution under this section apply
to a copy or phonorecord of any unpublished work duplicated in facsimile form
solely for purposes of preservation and security or for deposit for research
use in another library or archives of the type described by clause (2) of
subsection (a), if the copy or phonorecord reproduced is currently in the
collections of the library or archives.
(c) The right of reproduction under this section applies to a copy or
phonorecord of a published work duplicated in facsimile form solely for the
purpose of replacement of a copy or phonorecord that is damaged, deteriorating,
lost, or stolen, if the library or archives has, after a reasonable effort,
determined that an unused replacement cannot be obtained at a fair price.
(d) The rights of reproduction and distribution under this section apply
to a copy, made from the collection of a library or archives where the user
makes his or her request or from that of another library or archives, of no
more than one article or other contribution to a copyrighted collection or
periodical issue, or to a copy or phonorecord of a small part of any other
copyrighted work if-
(1) the copy or phonorecord becomes the property of the user, and
the library or archives has had no notice that the copy or phonorecord
would be used for any purpose other than private study, scholarship, or
research; and
(2) the library or archives displays prominently, at the place where
orders are accepted, and includes on its order form, a warning of
copyright in accordance with requirements that the Register of Copyrights
shall prescribe by regulation.
(e) The rights of reproduction and distribution under this section apply
to the entire work, or to a substantial part of it, made from the collection
of a library or archives where the user makes his or her request or from that
of another library or archives, if the library or archives has first
determined, on the basis of a reasonable investigation, that a copy or
phonorecord of the copyrighted work cannot be obtained at a pair (sic)
prices, if-
(1) the copy or phonorecord becomes the property of the user, and
the library or archives has had no notice that the copy or phonorecord
would be used for any purpose other than private study, scholarship, or
research; and
(2) the library or archives displays prominently, at the place
where orders are accepted, and includes on its order form, a warning of
copyright in accordance with requirements that the Register of Copyrights
shall prescribe by regulation.
(f) Nothing in this section-
(1) shall be construed to impose liability for copyright infringement
upon a library or archives or its employees for the unsupervised use of
reproducing equipment located on its premises: 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 107;
(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 new program, subject to clauses (1), (2), and
(3) of subsection (a); or
(4) in any way affects the rights of fair use as provided by section
107, or 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.
(g) The rights of reproduction and distribution under this section extend
to the isolated and unrelated reproduction or distribution of a single copy or
phonorecord of the same material on separate occasions, but do not extend to
cases where the library or archives, or its employee-
(1) is aware or has substantial reason to believe that it is
engaging in the related or concerted reproduction or distribution of
multiple copies or phonorecords of the same material, whether made on
one occasion or over a period of time, and whether intended for
aggregate use by one or more individuals or for separate use by the
individual members of a group; or
(2) engages in the systematic reproduction or distribution of single
or multiple copies or phonorecords of material described in subsection
(d): Provided, That nothing in this cause prevents a library or archives
from participating in interlibrary arrangements that do not have as their
purpose or effect, that the library or archives receiving such copies or
phonorecords for distribution does so in such aggregate quantities as to
substitute for a subscription to or purchase of such work.
(h) The rights of reproduction and distribution under the 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 right 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).
(i) Five years from the effective date of this Act, and at five-year
intervals thereafter, the Register of Copyrights, after consulting with
representatives of authors, book and periodical publishers, and other owners
of copyrighted materials, and with representatives of library users and
librarians, shall submit to the Congress a report setting forth the extent
to which this section has achieved the intended statutory balancing of the
rights of creators, and the needs of users. The report should also describe
any problems that may have arisen, and present legislative or other
recommendations, if warranted.
Section 109. Limitations on exclusive rights: Effect of transfer of
particular copy or phonorecord.
(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.
(b)
(1) Notwithstanding the provisions of subsection (a), unless
authorized by the owners of copyright in the sound recording and in the
musical works embodied therein, the owner of a particular phonorecord
may not, for purposes of direct or indirect commercial advantage,
dispose of, or authorize the disposal of, the possession of that
phonorecord 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.
(2) 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 or the Federal Trade Commission Act to the
extent that section relates to unfair methods of competition.
(3) Any person who distributes a phonorecord in violation of clause
(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 (b) [so as
amended, should be "(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.
Section 110. Limitations on exclusive rights: Exemption of certain
performances and displays.
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
assistance to the teaching content of the transmission; and
(C) the transmission is made primarily for-
(i) reception in classrooms or similar places normally to
instruction, or
(ii) reception by persons to whom the transmission is
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) 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-
(A) a direct charge is made to see or hear the transmission; or
(B) the transmission thus received is further transmitted to the
public;
(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 concessionaire, 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, 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 advantages
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.
(10) notwithstanding paragraph 4 above, 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.
Section 111. Limitations on exclusive rights: Secondary transmissions.
(a) Certain Secondary Transmissions Exempted. - The secondary
transmission of a primary transmission embodying a performance or
display of a work 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, or 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; or
(4) 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 primary transmission
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, 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 Communication; 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, secondary transmissions 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 shall be subject to compulsory
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 recorded the notice
specified by subsection (d) and 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 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 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 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 transmissions:
*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
primary transmission made by a broadcast station licensed 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 section 509, if (A) with
respect to Canadian signals, the community of the cable system is
located more than 150 miles for 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) Compulsory License for Secondary Transmissions by Cable
Systems-
(1) For any secondary transmission to be subject to compulsory
licensing under subsection (c), the cable system shall, at least one
month before the date of the commencement of operations of the
cable system or within one hundred and eighty days after the
enactment of this Act, whichever is later, and thereafter within
thirty days after each occasion on which the ownership or control or
the signal carriage complement of the cable system changes, record
in the Copyright Office a notice including a statement of identity
and address of the person who owns or operates the secondary
transmission service or has power to exercise primary control over it,
together with the name and location of the primary transmitter or
primary transmitters whose signals are regularly carried by the
cable system, and thereafter, from time to time, such further
information as the Register of Copyrights, after consultation with
the Copyright Royalty Tribunal (if and when the Tribunal has been
constituted), shall prescribe by regulation to carry out the purpose of
this clause.
(2) A cable system whose secondary transmissions have been subject
to compulsory licensing under subsection (c) shall, on a semiannual
basis, deposit with the Register of Copyrights, in accordance with
requirements that the Register shall, after consultation with the
Copyright Royalty Tribunal (if and when the Tribunal has been
constituted), 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 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, after consultation with the Copyright Royalty Tribunal (if
and when the Tribunal has been constituted), from time to time
prescribe by regulation. 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 programing 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 suc