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§ 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)
except
with
respect
to a
work
produced
or
marketed
primarily
for
performance
or
display
as
part
of
mediated
instructional
activities
transmitted
via
digital
networks,
or a
performance
or
display
that
is
given
by
means
of a
copy
or
phonorecord
that
is
not
lawfully
made
and
acquired
under
this
title,
and
the
transmitting
government
body
or
accredited
nonprofit
educational
institution
knew
or
had
reason
to
believe
was
not
lawfully
made
and
acquired,
the
performance
of a
nondramatic
literary
or
musical
work
or
reasonable
and
limited
portions
of
any
other
work,
or
display
of a
work
in
an
amount
comparable
to
that
which
is
typically
displayed
in
the
course
of a
live
classroom
session,
by
or
in
the
course
of a
transmission,
if—
(A) the performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit educational institution;
(B) the performance or display is directly related and of material assistance to the teaching content of the transmission;
(C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to—
(i) students officially enrolled in the course for which the transmission is made; or
(ii) officers or employees of governmental bodies as a part of their official duties or employment; and
(D) the transmitting body or institution—
(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and
(ii) in the case of digital transmissions—
(I) applies technological measures that reasonably prevent—
(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and
(bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and
(II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination;
(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 one 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;
(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;
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.
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.
In paragraph (2), the term “mediated instructional activities” with respect to the performance or display of a work by digital transmission under this section refers to activities that use such work as an integral part of the class experience, controlled by or under the actual supervision of the instructor and analogous to the type of performance or display that would take place in a live classroom setting. 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.
For purposes of paragraph (2), accreditation—
(A) with respect to an institution providing post-secondary education, shall be as determined by a regional or national accrediting agency recognized by the Council on Higher Education Accreditation or the United States Department of Education; and
(B) with respect to an institution providing elementary or secondary education, shall be as recognized by the applicable state certification or licensing procedures.
For
purposes
of
paragraph
(2),
no
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).
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.
No
such
copy
shall
be
maintained
on
the
system
or
network
in a
manner
ordinarily
accessible
to
such
anticipated
recipients
for
a
longer
period
than
is
reasonably
necessary
to
facilitate
the
transmissions
for
which
it
was
made.
For
purposes
of
paragraph
(11),
the
term
“making
imperceptible”
does
not
include
the
addition
of
audio
or
video
content
that
is
performed
or
displayed
over
or
in
place
of
existing
content
in a
motion
picture.
Nothing
in
paragraph
(11)
shall
be
construed
to
imply
further
rights
under
section
106
of
this
title,
or
to
have
any
effect
on
defenses
or
limitations
on
rights
granted
under
any
other
section
of
this
title
or
under
any
other
paragraph
of
this
section.
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