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
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;
(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.