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 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) Notwithstanding the provisions of subsection (a), unless
authorized by the owners of copyright in the sound recording and in the
musical works embodied therein, the owner of a particular phonorecord
may not, for purposes of direct or indirect commercial advantage,
dispose of, or authorize the disposal of, the possession of that
phonorecord by rental, lease, or lending, or 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.
(2) 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 or the Federal Trade Commission Act
to the extent that section relates to unfair methods of competition.
(3) Any person who distributes a phonorecord in violation of clause (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.
(c) Notwithstanding the provisions of section 106(5), the owner of a
particular copy lawfully made under this title, 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.
(d) The privileges prescribed by subsections (a) and (b) [so as
amended, should be "(a) and (c)"] 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.