/* We continue with the Copyright Act, Chapter 1, The rights of

the holder of copyright..*/

S 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 [17 USC S 106] and

106A, 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 work as a whole; and

(4) the effect of the use upon the potential market for or value

of the copyrighted work.

/* ANY COMMERCIAL USE of copyright property is PRESUMPTIVELY not

a fair use. If the BBS you run is not for profit, the courts

would still interpret as "commercial" the receipt of donations.

Ok, though, here is the good news. The use of short extracts of

news would probably qualify as a fair use. However, a scanned

page from Playboy/Playgirl isn't a fair use. */

S 108. Limitations on exclusive rights: Reproduction by libraries

and archives

(a) Notwithstanding the provisions of section 106 [17 USC S 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section apply to a copy or phonorecord of an unpublished work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

(1), 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 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 fair price, 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 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 [17 USC S 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 news program, subject to

clauses (1), (2), and (3) and subsection (a); or

(4) in any way affects the rights of fair use as provided by

section 107 [17 USC S 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, 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 clause

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 this

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 rights 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.

S 109. Limitations on exclusive rights: Effect of transfer of

particular copy or phonorecord.

(a) Notwithstanding the provisions of section 106(3) [17 USC S

106(3)], the owner of a particular copy or phonorecord lawfully

made under this title [17 USC SS 101 et seq.], 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(A) Notwithstanding the provisions of subsection (a), unless

authorized by the owners of copyright in the sound recording or

the owner of copyright in a computer program (including any tape,

disk, or other medium embodying such program), and in the case of

a sound recording the musical works embodied therein, neither the

owner of a particular phonorecord nor any person in possession of

a particular phonorecords nor any person in possession of a

particular copy of a computer program (including any tape, disk,

or other medium embodying such program) may, for the purposes of

direct or indirect commercial advantage, disposes of, or

authorize the disposal of, the possession of that phonorecord or

computer program (including any tape, disk, or other medium

embodying such program) by rental, lease, or lending of 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. The

transfer of possession of a lawfully made copy of a computer

program by a nonprofit educational institution to another

nonprofit educational institution or to faculty, staff, and

student does not constitute rental, lease or lending for direct or

indirect commercial purposes under this subsection.

(B) This subsection does not apply to--

(i) a computer program which is embodied in a machine or

product and which cannot be copied during the ordinary operation

or use of the machine or product; or

(ii) a computer program embodied in or used in conjunction

with a limited purpose computer that is designed for playing

video games and maybe designed for other purposes.

(C) Nothing in this subsection affect any provision of chapter 9

of this title.

(2)(A) Nothing in this subsection shall apply to the lending of a

computer program for nonprofit purposes by a nonprofit library,

if each copy of a computer program which is lent by such library

has affixed to the packaging containing the program a warning of

copyright in accordance with requirements that the Register of

Copyrights shall prescribe by regulation.

(B) Not later than three years after the date of the enactment of

the Computer Software Rental Amendments Act of 1990, and at such

times thereafter as the Register of Copyright considers

appropriate, the Register of Copyrights, after consultation with

representatives of copyright owners and librarians, shall submit

to the Congress a report stating whether this paragraph has

achieved its intended purpose of maintaining the integrity of the

copyright system while providing nonprofit libraries the

capability to fulfill their function. Such report shall advise the

Congress as to any information or recommendations that the

Register of Copyrights considers necessary to carry

out the purposes of this subsection.

(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.

Notwithstanding the provisions 106(5) [17 USC S 106(5)], the

owner of a particular copy lawfully made under this title [17 USC

SS 101 et seq.], 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.

(c) The privileges prescribed by subsections (a) and (b) 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.

(d) The privileges prescribed by subsections (a) and (c) do not,

unless authorized by the copyright owner, extend to any person

who 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 games 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 games is not also the

copyright owner of the work of authorship.

S 110. Limitations on exclusive rights: Exemption of certain

performances and displays

Notwithstanding the provisions of section 106 [17 USC S 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 [17 USC SS et seq.], 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

government 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 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) [47 USC S 397]; 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) [17 USC S 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 facili- ties 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.

(1) notwithstanding pargraph (4) above, the following is not an

infringment of copyright: performance of a nondramtaic litertary

or musical work in the course of a social function which is

organized and promoted by a nonprofit verterans' organization ora

nonprofit fraternal organization to which the general publicis

not invited, but not including the invitees of the organization,

if the proceeds from the performance,afterdeducting the

reasonable costs of producing the performance, after deductingthe

reasonablecosts of producing the performance, are used

exclusively for charitable purposes and not for financial gains.

For purposes of thisection the social functionsof any college or

university fraternity or sorority shall not beincluded unless the

social function is held soley to raise funds for a specific

charitable purpose.