Section 113. Scope of exclusive rights in pictorial, graphic, and

sculptural work.

(a) Subject to the provisions of subsections (b) and (c) of this

section, the exclusive right to reproduce a copyrighted pictorial,

graphic, or sculptural work in copies under section 106 includes the

right to reproduce the work in or on any kind of article, whether

useful or otherwise.

(b) This title does not afford, to the owner of copyright in a work

that portrays a useful article as such, any greater or lesser rights

with respect to the making, distribution, or display of the useful

article so portrayed than those afforded to such works under the law,

whether title 17 or the common law or statutes of a State, in effect on

December 31, 1977, as held applicable and construed by a court in an

action brought under this title.

(c) In the case of a work lawfully reproduced in useful articles that

have been offered for sale or other distribution to the public,

copyright does not include any right to prevent the making,

distribution, or display of pictures or photographs of such articles in

connection with advertisements or commentaries related to the

distribution or display of such articles, or in connection with news

reports.

Copyright Law of the United States of America Contained in Title 17 of the United States Code · 第 13 / 18 章