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/* Here's the beginning of the copyright code, remember that the
definitions are critical to understanding the statute as a
whole.*/
CHAPTER 1. SUBJECT MATTER AND SCOPE OF COPYRIGHT
Section
101. Definitions
102. Subject matter of copyright: In general
103. Subject matter of copyright: Compilations and derivative
works
104. Subject matter of copyright: National origin
105. Subject matter of copyright: United States Government works
106. Exclusive rights in copyrighted works
107. Limitations on exclusive rights: Fair use
108. Limitations on exclusive rights: Reproduction by libraries
and archives
109. Limitations on exclusive rights: Effect of transfer of
particular copy or phonorecord
110. Limitations on exclusive rights: Exemption of certain
performances and displays
111. Limitations on exclusive rights: Secondary transmissions
112. Limitations on exclusive rights: Ephemeral recordings
113. Scope of exclusive rights in pictorial, graphic, and
sculptural works
114. Scope of exclusive rights in sound recordings
115. Scope of exclusive rights in nondramatic musical works:
Compulsory license for making and distributing
phonorecords
116. Scope of exclusive rights in nondramatic musical works:
Public performances by means of coin-operated phonorecord
players
117. Scope of exclusive rights: Use in conjunction with
computers and similar information systems
118. Scope of exclusive rights: Use of certain works in
connection with noncommercial broadcasting
SUBJECT MATTER AND SCOPE
S 101. Definitions
As used in this title [17 USC SS 101 et seq.], the following
terms and their variant forms mean the following:
An "anonymous work" is a work on the copies or phonorecords of
which no natural person is identified as author.
An "architectural work" is the design of a building as embodied
in any tangible medium of expression, including a building,
architectural plans, or drawings. The work includes the overall
form as well as the arrangement and composition of spaces and
elements in the design, but does not include individual standard
features
"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.
The "Berne Convention" is the Convention for the Protection of
Literary and Artistic Works, signed at Berne, Switzerland, on
September 9, 1886, and all acts, protocols, and revisions
thereto.
A work is a "Berne Convention work" if--
(1) in the case of an unpublished work, one or more of the
authors is a national of a nation adhering to the Berne
Convention, or in the case of a published work, one or more of the
authors is a national of a nation adhering to the Berne
Convention on the date of first publication;
(2) the work was first published in a nation adhering to the
Berne Convention, or was simultaneously first published in a
nation adhering to the Berne Convention and in a foreign nation
that does not adhere to the Berne Convention;
(3) in the case of an audiovisual work--
(A) if one of more of the authors is a legal
entity,that author has its headquarters in a nation adhering to
the Berne Convention; or
(B) if one or more of the authors is an individual,
that author is domiciled, or has his or her habitual residence
in, a nation adhering to the Berne Convention;
(4) in the case of pictorial, graphic, or sculptural work that is
incorporated in a building or other structure, the building or
structure, the building or structure is located in a nation
adhering to the Berne Convention;
(5) in the case of an architectural work embodied in a building,
such building is erected in a country adhering to the Berne
Convention.
For purposes of paragraph (1), an author who is domiciled in or
has his or her habitual residence in, a nation adhering to the
Berne Convention is considered to be a national of that nation. For
purposes of paragraph (2), a work is considered to have been
simultaneously published in two or more nation if its dates of
publication are within 30 days of one another.
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.
The "country of origin" of a Berne Convention work, for purposes of
section 411, is the United States if--
(1) in the case of a published work, the work is first
published--
(A) in the United States;
(B) simultaneously in the United States and another nation or
nations adhering to the Berne Convention, who law grants a term of
copyright protection that is the same or longer than the term
provided in the United States;
(C) simultaneously in the United States and a foreign nation
that does not adhere to the Berne Convention; or
(D) in a foreign nation that does not adhere to the Berne
Convention, and all of the authors of the work are national,
domicilaries, or habitual resident of,or in the case of an
audiovisual work legal entities with headquarters in, the United
States; or
(2) in the case of an unpublished work, all the authors of the
work are nationals, domiciliaries, or habitual residents of the
United States, or in the case of an unpublished audiovisual work,
all authors are legal entities with headquarters in the United
States; or,
(3) in the case of a pictorial, graphic, or sculptural work
incorporated in a building or structure is located in the United
States.
For the purposes of section411, the "country of origin" of nay
other Berne Convention work is not the United States.
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