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.