Page:Copyright Law Revision (Senate Report No. 94-473).djvu/7

 : of time, and 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).

(b) Notwithstanding the provisions of section 106(5), the owner of a particular to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b) and (c).

Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord

(a) Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by him, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.

(b) Notwithstanding the provisions of section 106(5), the owner of a particular copy lawfully made under this title, or any person authorized by him, 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.

Limitations on exclusive rights: Exemption of certain performances and displays

Notwithstanding the provisions of section 106, the following are not infringements of copyright:


 * (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;


 * (2) 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 governmental 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