Section 110. 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 assistance to

the teaching content of the transmission; and

(C) the transmission is made primarily for--

(i) reception in classrooms or similar places normally to instruction,

or

(ii) reception by persons to whom the transmission is 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 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) 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--

(A) a direct charge is made to see or hear the transmission; or

(B) the transmission thus received is further transmitted to the public;

(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

concessionaire, 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, 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 advantages

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 above, 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.

Copyright Law of the United States of America Contained in Title 17 of the United States Code · 第 10 / 18 章