SEMINAR REPORT ON “COPYRIGHT- Limitations and Exceptions”

By Vishu Bansal

Guided by Ms. Shikha Maheshari Mr. Sameer Chandra

Session 2011-2012

DEPARTMENT OF COMPUTER SCIENCE & ENGINEERING Jaipur Engineering College & Research Centre Sitapura, Tonk Road Jaipur

DEPARTMENT OF COMPUTER SCIENCE & ENGINEERING

CERTIFICATE

This is to certify that VISHU BANSAL

the seminar under my

entitled “Copyrightduring the

Limitations and Exceptions” has been presented by guidance academic year 2011-2012.

Guide Lect. Shikha Maheshwari Head of the Department (Prof. Mukt Bihari)

ACKNOWLEDGEMENT
I have taken this opportunity to express my sincere gratitude towards the pillars of successful completion of this management thesis on ‘Copyright- limitations and exceptions’ without whose unflinching assistance & cooperation at all times it would rather have been impossible for me to achieve the desired goal. Technologically advancement will enable us to get the environment we desire. In this era of modernization & sophistication our endeavour to achieve complete and perfect knowledge in the field we choose will be successful only with the help of guidance, direction, stimulation & encouragement by our esteemed professors. I feel proud to reiterate that our best faculties have always emphasized on the importance of self-culture and stimulate us to gain possible knowledge by exercise of our own facilities. They have tried to make their students ‘active partners’ in the work of education, but not passive receivers of information. I would like to thank Ms. Shikha Maheshwari and Mr. Sameer Chandra for their invaluable guidance and support that made my going easy and provided me a good learning opportunity. I would also like to express my sincere gratitude towards all other faculties and staff of J.E.C.R.C. who have always helped me to know and learn various aspects of management at various stages of our curriculum.

Signature Vishu Bansal

.PAGE INDEX Topic Page No.

Types 4 $106:Exclusive 5 $106A:Rights 5 of rights of exclusive in certain copyrighted authors rights works to b. transfer particular Or phonorecord d. 3. $110: 19 Exemption of certain displays and performances 5. to of Copyright Copyright Rights History 2 Exclusive 4 a. and Exceptions to Exclusive Fair Rights Use $107: 11 $108: 12 $109: 16 Reproduction Effect of by b. Conclusion 26 Bibliography . Attribution and integrity 4. Limitations 8 a. c. Introduction 1 2.1. libraries of and archives copy c.

this is less relevant since most countries are parties to at least one such agreement. it is "the right to copy". and the trade secret) applicable to any expressible form of an idea or information that is substantive and discrete. or a finite period for anonymous or corporate creations. Generally. Copyright initially was conceived as a way for government to restrict printing. the contemporary intent of copyright is to promote the creation of new works by giving authors control of and profit from them. The development of digital media and . allowing "fair" exceptions to the creator's exclusivity of copyright. though some jurisdictions do apply criminal sanctions. and giving users certain rights.INTRODUCTION TO COPYRIGHT Copyright is a legal concept. Typically. but most recognize copyright in any completed work. copyright is enforced as a civil matter. to determine who may adapt the work to other forms. which may financially benefit from it. and other. While many aspects of national copyright laws have been standardized through international copyright agreements. Some jurisdictions have required formalities to establishing copyright. the trademark. copyright laws of most countries have some unique features. which may perform the work. related rights. without formal registration. which means that they do not extend beyond the territory of a specific state unless that state is a party to an international agreement. Most jurisdictions recognize copyright limitations. however. Today. giving the creator of an original work exclusive right to it. enacted by most governments. usually for a limited time. but also gives the copyright holder the right to be credited for the work. the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator's death. Generally. It is an intellectual property form (like the patent. Copyrights are said to be territorial.

. beginning: "Whereas Printers. and other Persons. Booksellers. such as . An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. without the Consent of the Authors. and other Writings. Books. Aside from the role of governments and the church. The Statute of Anne came into force in 1710 The British Statute of Anne (1709) further alluded to individual rights of the artist.. HISTORY OF COPYRIGHT Copyright was invented after the advent of the printing press and with wider public literacy.computer network technologies have prompted reinterpretation of these exceptions.. introduced new difficulties in enforcing copyright. its origins in Britain were from a reaction to printers' monopolies at the beginning of the eighteenth century. and inspired additional challenges to copyright law's philosophic basis. essentially continuing the licensing of material that had long been in effect. to their very great Detriment. the history of copyright law is in essential ways also connected to the rise of capitalism and the attendant extension of commodity relations to the realm of creative human activities.." A right to benefit financially from the work is articulated. and court rulings and legislation have recognized a right to control the work. and too often to the Ruin of them and their Families:. such as ensuring that the integrity of it is preserved. Charles 2 of England was concerned by the unregulated copying of books and passed the Licensing Act of 1662 by Act of Parliament which established a register of licensed books and required a copy to be deposited with the Stationers Company... As a legal concept. have of late frequently taken the Liberty of printing.

covering such items as sound recordings. The most significant point is that under the capitalist mode of production. different cultural attitudes. patent and copyright laws support in fundamental and thoroughgoing ways the expansion of the range of creative human activities that can be commodified.literary and artistic production. economic models and legal frameworks are seen to account for why copyright emerged in Europe and not. The Statute of Anne was the first real copyright act. photographs. Not until capitalism emerges in Europe with its individualist ideological underpinnings does the conception of intellectual property and by extension copyright law emerge. In the middle Ages in Europe. to view knowledge as the product. expression and property of the collective. software. Intellectual production comes to be seen as a product of an individual and their property. . This parallels the ways in which capitalism led to the commodification of many aspects of social life that hitherto had no monetary or economic value per se. rather than a collective or social product which belongs in the commons. and gave the publishers rights for a fixed period. for example. the specific organization of literary production and the role of culture in society. Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry. in Asia. there was generally a lack of any concept of literary property due to the general relations of production. Similarly. films. such as that of Europe in the medieval period. The latter refers to the tendency of oral societies. social organizations. and architectural works. after which the copyright expired.

Exclusive rights may be granted in property law. thus in the case of contractual rights. but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right. patent law. Exclusive rights are a form of monopoly.EXCLUSIVE RIGHTS In Anglo-Saxon law.. only persons that are parties to a contract will be affected by the exclusivity. in other sui generis legislation. nontangible prerogative existing in law (that is. copyright law. constitutional) powers. right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. Exclusive rights can be established by law or by contractual obligation.e. the power or. in a wider sense. in some jurisdictions. . in relation to public utilities. A "prerogative" is in effect an exclusive right. The term is restricted for use for official state or sovereign (i. an exclusive right is a de facto. or. Many scholars argue that such rights form the basis for the concepts of property and ownership.

." There are different sections of exclusive rights defined in copyright law as described below§ 106. 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. pantomimes. Types of exclusive rightsProperty In relation to property. For example. musical. and choreographic works. (5) in the case of literary. However. These rights are sometimes spoken of under the umbrella term "intellectual property. and pictorial. Exclusive rights in copyrighted works Subject to sections 107 through 122. but are only enforceable against the grantee.Privately granted rights. a person may prohibit others from entering and using their land. to perform the copyrighted work publicly. (2) to prepare derivative works based upon the copyrighted work. dramatic. inventions. dramatic. graphic. others are prevented from exercising control of that thing. or sculptural works. as a result. may occasionally appear very similar to exclusive rights. as an easement may allow a certain level of public access to private land. and identifications of origin. or lending. created by contract. (4) in the case of literary. (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership. and choreographic works. an exclusive right is not necessarily absolute. or from taking their personal possessions. or by rental. Intellectual property Most governments recognize a bundle of exclusive rights in relation to works of authorship. and motion pictures and other audiovisual works. lease. and not the world at large. pantomimes. an exclusive right will. musical. for the most part. arise when something tangible is acquired.

mutilation. and (3) subject to the limitations set forth in section 113 (d). and any intentional distortion. and any intentional or grossly negligent destruction of that work is a violation of that right. whether or not the author is the copyright owner. § 106A. The authors of a joint work of visual art are co owners of the rights conferred by subsection (a) in that work. and (B) to prevent any destruction of a work of recognized stature. mutilation. (b) Scope and Exercise of Rights— Only the author of a work of visual art has the rights conferred by subsection (a) in that work. (c) Exceptions— (1) The modification of a work of visual art which is a result of the passage of time or the inherent nature of the . to display the copyrighted work publicly. and (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create. to perform the copyrighted work publicly by means of a digital audio transmission. shall have the right— (A) to prevent any intentional distortion.including the individual images of a motion picture or other audiovisual work. or other modification of the work which would be prejudicial to his or her honour or reputation. (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion. or other modification of that work which would be prejudicial to his or her honour or reputation. mutilation. or modification of that work is a violation of that right. Rights of certain authors to attribution and integrity (a) Rights of Attribution and Integrity— Subject to section 107 and independent of the exclusive rights provided in section 106. the author of a work of visual art— (1) shall have the right— (A) to claim authorship of that work. and (6) in the case of sound recordings.

depiction. or other use of a work in. and any such reproduction. including lighting and placement. or other use of a work is not a destruction. (3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction. (e) Transfer and Waiver— (1) The rights conferred by subsection (a) may not be transferred. of the work is not a destruction. but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. upon. or of the public presentation. the rights conferred by subsection (a) shall endure for a term consisting of the life of the author. mutilation. portrayal. Such instrument shall specifically . or other modification described in paragraph (3) of subsection (a). (d) Duration of Rights— (1) With respect to works of visual art created on or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990. (2) The modification of a work of visual art which is the result of conservation. mutilation. been transferred from the author. distortion. depiction. portrayal. or other modification described in subsection (a)(3)(A). (4) All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they would otherwise expire. but title to which has not. (2) With respect to works of visual art created before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990. the rights conferred by subsection (a) shall be coextensive with. mutilation. as of such effective date. or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101. distortion. or other modification described in subsection (a)(3) unless the modification is caused by gross negligence. and shall expire at the same time as. the rights conferred by subsection (a) shall endure for a term consisting of the life of the last surviving author. (3) In the case of a joint work prepared by two or more authors. the rights conferred by section 106.materials is not a distortion.

(2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy of that work. and the waiver shall apply only to the work and uses so identified.identify the work. and uses of that work. a waiver of rights under this paragraph made by one such author waives such rights for all such authors. or of a copyright or any exclusive right under a copyright in that work. to which the waiver applies. or of a copyright or any exclusive right under a copyright. a waiver of the rights conferred by subsection (a) with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work. shall not constitute a waiver of the rights conferred by subsection (a). or of ownership of a copyright or of any exclusive right under a copyright in that work. Except as may otherwise be agreed by the author in a written instrument signed by the author. Transfer of ownership of any copy of a work of visual art. In the case of a joint work prepared by two or more authors. LIMITATIONS AND EXCLUSIVE RIGHTS EXCEPTIONS TO .

note 1. education and consumer groups. Law Society of Upper Canada (2004 SCC 13). education and equality of access (such as by the visually impaired. The declaration states that "While exclusive rights have been adapted and harmonised to meet the challenges of the knowledge economy. These kinds of disagreements in philosophy are quite common in the philosophy of copyright. where debates about jurisprudential reasoning tend to act as proxies for more substantial disagreements about good policy.seeing user rights provide an essential balance to the rights of copyright owners.) Some view "limitations and exceptions" as "user rights" . Limitations and exceptions have a number of important public policy goals such as market failure. See for example the National Research Council's Digital Agenda Report. This is becoming increasingly a topic of political debate. Changing technology and limitations and exceptions The scope of copyright limitations and exceptions became a subject of significant controversy within various nations in the late 1990s and early 2000s. For example. The concept of user rights has also been recognised by courts. including the Canadian Supreme Court in CCH Canadian Ltd v. largely due to the impact of digital technology. There is no consensus amongst copyright experts as to whether they are "rights" or not. The lack of harmonisation of exceptions hinders the circulation of knowledge based goods and services across Europe. and the enactment of anticircumvention rules in response to the WIPO Copyright Treaty. copyright’s exceptions are radically out of line with the needs of the modern information society. which classed "fair dealing" as such a user right. freedom of speech.Limitations and exceptions to copyright are provisions in copyright law which allow for copyrighted works to be used without a license from the copyright owner. contract law undermining copyright law and copyright law not being amended. artist. is reducing the scope of important exceptions and therefore harming creativity. at a European level in May 2010 a declaration entitled Copyright for Creativity was launched supported by industry. the changes in national copyright legislations for compliance with TRIPS. Academics and defenders of copyright exceptions fear that technology. The lack of flexibility within the .

this issue is increasingly being looked at and . The interplay of copyright law and competition law is increasingly important in the digital world. balanced by "limitations and exceptions" that allow access without the permission of the copyright holder the over-riding of copyright law by private contracts can create monopoly activity. copyright. and anti-monopoly law in Russia and Japan.current European exceptions regime also prevents us from adapting to a constantly changing technological environment." Competition law / anti-trust law and limitations and exceptions Copyright is typically thought of as a limited. copyright. copyright licensing may sometimes interfere too much in free and competitive markets. by collecting royalties for use of the work after its copyright term has expired and it has passed into the public domain – raise such competition concerns. and trade secrets. anti-trust law in the United States. 240/96 which applies to patents. Attempts to extend the copyright term granted by law – for example. In January 1996. especially regarding licenses. as well as the fair use doctrine in the US. as most countries laws allow private contracts to over-ride copyright law. The undermining of copyright law. Because of this. the US published "Antitrust Guidelines for the licensing of Intellectual Property" which apply to patents. Competition issues may arise when the licensing party unfairly leverages market power. Well known limitations and exceptions include fair dealing in the UK and Canada. engages in price discrimination through its licensing terms. In April 1995. As a result of this. These concerns are governed by legal doctrines such as competition law in the European Union. legally sanctioned monopoly. the European Union published Commission Regulation No. and other intellectual property rights. Given that copyright law creates a legally sanctioned monopoly. or otherwise uses a licensing agreement in a discriminatory or unfair manner. The guidelines apply mutatis mutandis to the extent possible. and in particular limitations and exceptions to copyright by contract law is an issue frequently raised by libraries. and library groups such as International Federation of Library Associations and Institutions.

from the Geneva Declaration on the Future of the World Intellectual Property Organization. International legal exceptions instruments and limitations and Limitations and exceptions are also the subject of significant regulation by global treaties. a notable exception to this is Article 10(1) of the Berne Convention. These treaties have harmonized the exclusive rights which must be provided by copyright laws. which guarantees a limited right to make quotations from copyrighted works.discussed at a national governmental level e. a threshold below which objects cease to be copyrightable. UK as well as international level such as WIPO .as part of the Development Agenda. and the Berne three-step test operates to constrain the kinds of copyright exceptions and limitations which individual nations can enact. On the other hand. systems. This proposal was well supported by developing countries. international copyright treaties place almost no requirements on national governments to provide exemptions from exclusive rights. and the fair dealing doctrine found in many other common law countries. the public domain and the effect of Crown copyright. or factual information conveyed in it. WIPO agreed to adopt a significant proposal offered by Argentina and Brazil. Even copyright maximalists might interpret these as defining copyright.g. Because of the lack of balance in international treaties in October 2004. Treaty which they would like to see introduced. the idea-expression dichotomy. the "Proposal for the Establishment of a Development Agenda for WIPO" also known simply as the "Development Agenda" . the US court . Likewise. National laws and limitations and exceptions Two important examples of limitations and exceptions to copyright are the fair use doctrine found in the United States. Other more fundamental boundaries of copyright are caused by thresholds of originality. rather than being "limitations" or "exceptions" to it. A number of civil society bodies have been working on a draft Access to Knowledge. In addition copyright can only protect the artist's expression of his/her work and not the ideas. or A2K.

There are different sections of exclusive rights and its limitations defined under copyright law which are as follows- § 107. or research. Section 106 of the U. it is legal to produce alternate versions (for example. which defines the exclusive rights in copyrighted works. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— . including edicts of foreign governments. the fair use of a copyrighted work. copyright law. news reporting. teaching (including multiple copies for classroom use). In the USA. comment. is not an infringement of copyright. in stark contrast to those copyright laws which have developed from English law. is subject to sections 107 through 122. in large print or braille) of a copyrighted work to provide improved access to a work for blind and visually impaired persons without permission from the copyright holder. edicts of government are not subject to copyright. In the USA. Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A. and several other countries. which limit the copyright holder's exclusive rights. it is only one of several important limitations.S. the United Kingdom. for purposes such as criticism. including such use by reproduction in copies or phonorecords or by any other means specified by that section. scholarship.systems have determined that stock characters are also uncopyrightable. While fair use in the United States is popularly understood as the only limitation to an author's exclusive rights.

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole. under the conditions specified by this section. or . The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. and (4) the effect of the use upon the potential market for or value of the copyrighted work. (2) the collections of the library or archives are (i) open to the public. Limitations on exclusive rights: Reproduction by libraries and archives (a) Except as otherwise provided in this title and notwithstanding the provisions of section 106. it is not an infringement of copyright for a library or archives. or to distribute such copy or phonorecord. if— (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage. or any of its employees acting within the scope of their employment. § 108.(1) the purpose and character of the use. except as provided in subsections (b) and (c). including whether such use is of a commercial nature or is for non-profit educational purposes. to reproduce no more than one copy or phonorecord of a work. (2) the nature of the copyrighted work.

(b) The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated 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). For purposes of this subsection. determined that an unused replacement cannot be obtained at a fair price. and (2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives. lost. but also to other persons doing research in a specialized field. . or stolen. and (2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy. if — (1) the copy or phonorecord reproduced is currently in the collections of the library or archives. or if the existing format in which the work is stored has become obsolete. after a reasonable effort. (c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged. and (3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section. deteriorating. if— (1) the library or archives has.(ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part. or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section. a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

at the place where orders are accepted. if— (1) the copy or phonorecord becomes the property of the user. at the place where orders are accepted. if the library or archives has first determined. if— (1) the copy or phonorecord becomes the property of the user.(d) The rights of reproduction and distribution under this section apply to a copy. a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation. That such equipment . or to a copy or phonorecord of a small part of any other copyrighted work. and (2) the library or archives displays prominently. or research. on the basis of a reasonable investigation. and includes on its order form. (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. and (2) the library or archives displays prominently. that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price. and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study. of no more than one article or other contribution to a copyrighted collection or periodical issue. a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation. 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. or research. or to a substantial part of it. scholarship. (e) The rights of reproduction and distribution under this section apply to the entire work. and includes on its order form. scholarship. and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study. 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.

(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. and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group. and (3) of subsection (a). but do not extend to cases where the library or archives. That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have. 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. if it exceeds fair use as provided by section 107. or (4) in any way affects the right of fair use as provided by section 107. subject to clauses (1). 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. . 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. (2). or (2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided. as their purpose or effect. whether made on one occasion or over a period of time. or for any later use of such copy or phonorecord. (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. (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.displays a notice that the making of a copy may be subject to the copyright law.

on the basis of a reasonable investigation. graphic or sculptural work. scholarship. and (C) of paragraph (2) apply. display. (B) a copy or phonorecord of the work can be obtained at a reasonable price. or research. or performance is authorized under this subsection if— (A) the work is subject to normal commercial exploitation. for purposes of preservation. (c). or portions thereof. or a motion picture or other audiovisual work other than an audiovisual work dealing with news. (3) The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives. except that no such limitation shall apply with respect to rights granted by subsections (b). display. or (C) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies. or perform in facsimile or digital form a copy or phonorecord of such work. (B). including a nonprofit educational institution that functions as such. that none of the conditions set forth in subparagraphs (A). or with respect to pictorial or graphic works published as illustrations. or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e). (i) The rights of reproduction and distribution under this section do not apply to a musical work. diagrams. if such library or archives has first determined. distribution. may reproduce. a library or archives. distribute. (2) No reproduction. and (h).(h) (1) For purposes of this section. . during the last 20 years of any term of copyright of a published work. a pictorial.

disk. copies or phonorecords of works subject to restored copyright under section 104A that are manufactured before the date of restoration of copyright or. and in the case of a sound recording in the musical works embodied therein. whichever occurs first. to sell or otherwise dispose of the possession of that copy or phonorecord. or (2) the date of the receipt of actual notice served under section 104A (d)(2)(B). with respect to reliance parties. Notwithstanding the preceding sentence. for the purposes of direct or indirect . or other medium embodying such program). Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord (a) Notwithstanding the provisions of section 106 (3).§ 109. (b) (1) (A) Notwithstanding the provisions of subsection (a). disk. may. the owner of a particular copy or phonorecord lawfully made under this title. or other medium embodying such program). neither the owner of a particular phonorecord nor any person in possession of a particular copy of a computer program (including any tape. is entitled. without the authority of the copyright owner. before publication or service of notice under section 104A (e). unless authorized by the owners of copyright in the sound recording or the owner of copyright in a computer program (including any tape. or any person authorized by such owner. may be sold or otherwise disposed of without the authorization of the owner of the restored copyright for purposes of direct or indirect commercial advantage only during the 12-month period beginning on— (1) the date of the publication in the Federal Register of the notice of intent filed with the Copyright Office under section 104A (d)(2)(A).

staff. 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. The transfer of possession of a lawfully made copy of a computer program by a non-profit educational institution to another non-profit educational institution or to faculty. or lending of a phonorecord for non-profit purposes by a non-profit library or non-profit educational institution. or authorize the disposal of. dispose of. (2) (A) Nothing in this subsection shall apply to the lending of a computer program for non-profit purposes by a non-profit library. and students does not constitute rental. and at such times thereafter as the Register of Copyrights considers appropriate. or lending for direct or indirect commercial purposes under this subsection. (B) Not later than three years after the date of the enactment of the Computer Software Rental Amendments Act of 1990. Nothing in the preceding sentence shall apply to the rental. lease.commercial advantage. disk. or lending. the possession of that phonorecord or computer program (including any tape. lease. lease. the Register of Copyrights. after consultation with representatives of copyright owners and librarians. shall submit to the Congress a report . (C) Nothing in this subsection affects any provision. or by any other act or practice in the nature of rental. or (ii) a computer program embodied in or used in conjunction with a limited purpose computer that is designed for playing video games and may be designed for other purposes. lease. or other medium embodying such program) by rental. (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 lending.

the owner of a particular copy lawfully made under this title. without acquiring ownership of it. by rental. “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. and 505. to viewers present at the place where the copy is located. unless authorized by the copyright owner. 504. extend to any person who has acquired possession of the copy or phonorecord from the copyright owner. (4) Any person who distributes a phonorecord or a copy of a computer program (including any tape. loan. or otherwise.503. (e) Notwithstanding the provisions of sections 106 (4) and 106 (5). disk.stating whether this paragraph has achieved its intended purpose of maintaining the integrity of the copyright system while providing non-profit libraries the capability to fulfil their function. 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 section 502. (3) Nothing in this subsection shall affect any provision of the antitrust laws. either directly or by the projection of no more than one image at a time. in the case of an electronic audiovisual game intended for use in coin-operated equipment. lease. or any person authorized by such owner. without the authority of the copyright owner. to display that copy publicly. 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. (d) The privileges prescribed by subsections (a) and (c) do not. (c) Notwithstanding the provisions of section 106 (5). For purposes of the preceding sentence. 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. is entitled. the owner of a particular copy .

in a classroom or similar place devoted to instruction. Limitations on exclusive rights: Exemption of certain performances and displays Notwithstanding the provisions of section 106. is entitled. or the display of individual images. . and that the person responsible for the performance knew or had reason to believe was not lawfully made. § 110. the performance. in the case of a motion picture or other audiovisual work.of such a game lawfully made under this title. 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 non-profit educational institution. without the authority of the copyright owner of the game. to publicly perform or display that game in coin-operated equipment. is given by means of a copy that was not lawfully made under this title. unless. 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 game is not also the copyright owner of the work of authorship.

provides informational materials to faculty. by or in the course of a transmission. students. to the extent technologically feasible. and provides notice to students that materials used in connection with the course may be subject to copyright protection. or (ii) officers or employees of governmental bodies as a part of their official duties or employment. or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session. (C) the transmission is made solely for. and (D) the transmitting body or institution— (i) institutes policies regarding copyright. and. 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.(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. and (ii) in the case of digital transmissions— (I) applies technological measures that reasonably prevent— . 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. if— (A) the performance or display is made by. and the transmitting government body or accredited nonprofit educational institution knew or had reason to believe was not lawfully made and acquired. at the direction of. and promote compliance with. the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work. the reception of such transmission is limited to— (i) students officially enrolled in the course for which the transmission is made. (B) the performance or display is directly related and of material assistance to the teaching content of the transmission. the laws of the United States relating to copyright. and relevant staff members that accurately describe.

in form. (5) . and (bb) unauthorized further dissemination of the work in accessible form by such recipients to others. in the course of services at a place of worship or other religious assembly. 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. religious. content. or display of a work. and (ii) the notice shall be served on the person responsible for the performance at least seven days before the date of the performance. or organizers. are used exclusively for educational. 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) 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 non-dramatic literary or musical work or of a dramatic co-musical work of a religious nature. after deducting the reasonable costs of producing the performance. and manner of service.(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 (iii) the notice shall comply. promoters. (4) performance of a non-dramatic literary or musical work otherwise than in a transmission to the public. and shall state the reasons for the objection. with requirements that the Register of Copyrights shall prescribe by regulation. if— (A) there is no direct or indirect admission charge. or (B) the proceeds.

000 gross square feet of space (excluding space used for customer parking and for no other purpose). of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space. either the establishment in which the communication occurs has less than 2. (B) communication by an establishment of a transmission or retransmission embodying a performance or display of a non-dramatic 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. (ii) the transmission thus received is further transmitted to the public. 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. any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices. and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers. unless— (i) a direct charge is made to see or hear the transmission. and no such audiovisual device has a diagonal screen size greater than 55 inches.(A) except as provided in subparagraph (B). the performance is communicated by means of a total of not more than 6 loudspeakers. by a cable system or satellite carrier. of which not more than 1 audiovisual device is located in any 1 room. if an audiovisual transmission. or (II) if the performance or display is by audiovisual means. of which not more than 4 . or the establishment in which the communication occurs has 2. or.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. if— (i) in the case of an establishment other than a food service or drinking establishment.

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. and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers.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.loudspeakers are located in any 1 room or adjoining outdoor space. any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices. (6) performance of a non-dramatic musical work by a governmental body or a non-profit agricultural or horticultural organization. (iv) the transmission or retransmission is not further transmitted beyond the establishment where it is received. in the course of an annual agricultural or horticultural fair or exhibition conducted by such body or . 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. (iii) no direct charge is made to see or hear the transmission or retransmission. and no such audiovisual device has a diagonal screen size greater than 55 inches. the performance is communicated by means of a total of not more than 6 loudspeakers. 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). of which not more than one audiovisual device is located in any 1 room. and (v) the transmission or retransmission is licensed by the copyright owner of the work so publicly performed or displayed. or the establishment in which the communication occurs has 3.

for a performance by a concessionaire. if the performance is made without any purpose of direct or indirect commercial advantage and its transmission is made through the facilities of . but shall not excuse any such person from liability for the performance. under doctrines of vicarious liability or related infringement. business establishment. (8) performance of a non-dramatic 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. 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. or (iii) a radio subcarrier authorization (as defined in 47 CFR 73. where the sole purpose of the performance is to promote the retail sale of copies or phonorecords of the work. 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.593–73. or deaf or other handicapped persons who are unable to hear the aural signals accompanying a transmission of visual signals. or (ii) a non-commercial educational broadcast station (as defined in section 397 of title 47). the exemption provided by this clause shall extend to any liability for copyright infringement that would otherwise be imposed on such body or organization. or other person at such fair or exhibition.organization. (7) performance of a non-dramatic musical work by a vending establishment open to the public at large without any direct or indirect admission charge.595).295 and 73. 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 of the audiovisual or other devices utilized in such performance. or (iv) a cable system (9) performance on a single occasion of a dramatic literary work published at least ten years before the date of the performance.293–73.

a radio subcarrier authorization referred to in Provided. and (11) the making imperceptible. judicial. 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. if no fixed copy of the altered version of the motion picture is created by such computer program or other technology. shall not be same work by of the same (10) notwithstanding paragraph (4). The term “mediated instructional activities” with respect to the performance or display of a work by digital transmission under . after deducting the reasonable costs of producing the performance. That the provisions of this clause applicable to more than one performance of the the same performers or under the auspices organization. Royalties payable to copyright owners for any public performance or display of their works other than such performances or displays as are exempted shall not be diminished in any respect as a result of such exemption. if the proceeds from the performance. 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. but not including the invitees of the organizations. the following is not an infringement of copyright: performance of a non-dramatic literary or musical work in the course of a social function which is organized and promoted by a non-profit veterans’ organization or a non-profit fraternal organization to which the general public is not invited. are used exclusively for charitable purposes and not for financial gain. clause (8)(iii). for such making imperceptible. 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. at the direction of a member of a private household. by or at the direction of a member of a private household. The exemptions provided shall not be taken into account in any administrative. or other governmental proceeding to set or adjust the royalties payable to copyright owners for the public performance or display of their works.

such works as textbooks. 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. For purposes of paragraph (11). For purposes of paragraph (2). 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. shall be as recognized by the applicable state certification or licensing procedures. accreditation— (A) with respect to an institution providing post-secondary education. and (B) with respect to an institution providing elementary or secondary education.this section refers to activities that use such work as an integral part of the class experience. or other material in any media. For purposes of paragraph (2). 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. . 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. course packs. The term does not refer to activities that use. 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. 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. in 1 or more class sessions of a single course. no governmental body or accredited non-profit 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).

whether the future of copyright will produce the same bounty of creative expression evident from its past is debatable in the absence of positive means to encourage the use and dissemination of creative works. and it will likely continue to do so for the foreseeable future. or to have any effect on defences or limitations on rights granted under any other section of this title or under any other paragraph of this section. CONCLUSION Technological progress and economic growth have been indisputably linked in the history of development. However. The international copyright system now occupies a central role in shaping the course of domestic legislation and in preserving a system that is capable of fulfilling the public good . Technological progress requires both a system of encouraging innovation and a regulatory framework where innovative ideas and concepts can reasonably be fostered.Nothing in paragraph (11) shall be construed to imply further rights under section 106 of this title. The intellectual property system has long served this end.

freedom of information and access to basic educational tools.edu/uscode/html/uscode17/usc_sup_01_17. BIBLIOGRAPHY http://en.ht ml .org/wiki/Copyright www.associated with a free press.wikipedia.cornell. The international system must confront and successfully address the challenges of development in the digital age by ensuring that creators and users have the necessary regulatory framework to realize the welfare goals for which the system was designed.law. limitations and exceptions are indispensable strategic and doctrinal tools to facilitate economic development by proving citizens with the basic means to engage in intellectual endeavours and to participate in the global knowledge economy. For developing countries. The role of limitations and exceptions is extremely important in this exercise.