Section 112. Limitations on exclusive rights: Ephemeral recordings.

(a) Notwithstanding the provisions of section 106, and except in the

case of a motion picture or other audiovisual work, it is not an

infringement of copyright for a transmitting organization entitled to

transmit to the public a performance or display of a work, under a

license or transfer of the copyright or under the limitations on

exclusive rights in sound recordings specified by section 114(a), to

make no more than one copy or phonorecord of a particular transmission

program embodying the performance or display, if--

(1) the copy or phonorecord is retained and used solely by the

transmitting organization that made it, and no further copies or

phonorecords are reproduced from it; and

(2) the copy or phonorecord is used solely for the transmitting

organization's own transmissions within its local service area, or for

purposes of archival preservation or security; and

(3) unless preserved exclusively for archival purposes, the copy or

phonorecord is destroyed within six months from the date the

transmission program was first transmitted to the public.

(b) Notwithstanding the provisions of section 106, it is not an

infringement of copyright for a governmental body or other nonprofit

organization entitled to transmit a performance or display of a work,

under section 110(2) or under the limitations on exclusive rights in

sound recordings specified by section 114(a), to make no more than

thirty copies or phonorecords of a particular transmission program

embodying the performance or display, if-- (1) no further copies or

phonorecords are reproduced from the copies or phonorecords made under

this clause; and

(2) except for one copy or phonorecord that may be preserved

exclusively for archival purposes, the copies or phonorecords are

destroyed within seven years from the date the transmission program was

first transmitted to the public.

(c) Notwithstanding the provisions of section 106, it is not an

infringement of copyright for a governmental body or other nonprofit

organization to make for distribution no more than one copy or

phonorecord, for each transmitting organization specified in clause (2)

of this subsection, of a particular transmission program embodying a

performance of a nondramatic musical work of a religious nature, or of

a sound recording of such a musical work, if--

(1) there is no direct or indirect charge for making or distributing

any such copies or phonorecords; and

(2) none of such copies or phonorecords is used for any performance

other than a single transmission to the public by a transmitting

organization entitled to transmit to the public a performance of the

work under a license or transfer of the copyright; and

(3) except for one copy or phonorecord that may be preserved

exclusively for archival purposes, the copies or phonorecords are all

destroyed within one year from the date the transmission program was

first transmitted to the public.

(d) Notwithstanding the provisions of section 106, it is not an

infringement of copyright for a governmental body or other nonprofit

organization entitled to transmit a performance of a work under section

110(8) to make more than ten copies or phonorecords embodying the

performance, or to permit the use of any such copy or phonorecord by

any governmental body or nonprofit organization entitled to transmit a

performance of a work under section 110(8), if--

(1) any such copy or phonorecord is retained and used solely by the

organization that made it, or by a governmental body or nonprofit

organization entitled to transmit a performance of a work under section

110(8), and no further copies or phonorecords are reproduced from it;

and

(2) any such copy or phonorecord is used solely for transmissions

authorized under section 110(8), or for purposes or archival

preservation or security; and

(3) the governmental body or nonprofit organization permitting any use

of any such copy or phonorecord by any governmental body or nonprofit

organization under this subsection does not make any charge for such

use.

(e) The transmission program embodied in a copy or phonorecord made

under this section is not subject to protection as derivative work

under this title except with the express consent of the owners of

copyright in the preexisting works employed in the program.

Copyright Law of the United States of America Contained in Title 17 of the United States Code · 第 12 / 18 章