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U.S. Code as of:
01/19/04
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) except with respect to a work produced or marketed
primarily for performance or display as part of mediated
instructional activities transmitted via digital networks, or a
performance or display that is given by means of a copy or
phonorecord that is not lawfully made and acquired under this
title, and the transmitting government body or accredited
nonprofit educational institution knew or had reason to believe
was not lawfully made and acquired, the performance of a
nondramatic literary or musical work or reasonable and limited
portions of any other work, or display of a work in an amount
comparable to that which is typically displayed in the course of
a live classroom session, by or in the course of a transmission,
if -
(A) the performance or display is made by, at the direction
of, or under the actual supervision of an instructor as an
integral part of a class session offered as a regular part of
the systematic mediated instructional activities of a
governmental body or an accredited nonprofit educational
institution;
(B) the performance or display is directly related and of
material assistance to the teaching content of the
transmission;
(C) the transmission is made solely for, and, to the extent
technologically feasible, the reception of such transmission is
limited to -
(i) students officially enrolled in the course for which
the transmission is made; or
(ii) officers or employees of governmental bodies as a part
of their official duties or employment; and
(D) the transmitting body or institution -
(i) institutes policies regarding copyright, provides
informational materials to faculty, students, and relevant
staff members that accurately describe, and promote
compliance with, the laws of the United States relating to
copyright, and provides notice to students that materials
used in connection with the course may be subject to
copyright protection; and
(ii) in the case of digital transmissions -
(I) applies technological measures that reasonably
prevent -
(aa) retention of the work in accessible form by
recipients of the transmission from the transmitting body
or institution for longer than the class session; and
(bb) unauthorized further dissemination of the work in
accessible form by such recipients to others; and
(II) does not engage in conduct that could reasonably be
expected to interfere with technological measures used by
copyright owners to prevent such retention or unauthorized
further dissemination;
(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)(A) except as provided in subparagraph (B), 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 -
(i) a direct charge is made to see or hear the transmission;
or
(ii) the transmission thus received is further transmitted to
the public;
(B) communication by an establishment of a transmission or
retransmission embodying a performance or display of a
nondramatic musical work intended to be received by the general
public, originated by a radio or television broadcast station
licensed as such by the Federal Communications Commission, or, if
an audiovisual transmission, by a cable system or satellite
carrier, if -
(i) in the case of an establishment other than a food service
or drinking establishment, either the establishment in which
the communication occurs has less than 2,000 gross square feet
of space (excluding space used for customer parking and for no
other purpose), or the establishment in which the communication
occurs has 2,000 or more gross square feet of space (excluding
space used for customer parking and for no other purpose) and -
(I) if the performance is by audio means only, the
performance is communicated by means of a total of not more
than 6 loudspeakers, of which not more than 4 loudspeakers
are located in any 1 room or adjoining outdoor space; or
(II) if the performance or display is by audiovisual means,
any visual portion of the performance or display is
communicated by means of a total of not more than 4
audiovisual devices, of which not more than 1 audiovisual
device is located in any 1 room, and no such audiovisual
device has a diagonal screen size greater than 55 inches, and
any audio portion of the performance or display is
communicated by means of a total of not more than 6
loudspeakers, of which not more than 4 loudspeakers are
located in any 1 room or adjoining outdoor space;
(ii) in the case of a food service or drinking establishment,
either the establishment in which the communication occurs has
less than 3,750 gross square feet of space (excluding space
used for customer parking and for no other purpose), or the
establishment in which the communication occurs has 3,750 gross
square feet of space or more (excluding space used for customer
parking and for no other purpose) and -
(I) if the performance is by audio means only, the
performance is communicated by means of a total of not more
than 6 loudspeakers, of which not more than 4 loudspeakers
are located in any 1 room or adjoining outdoor space; or
(II) if the performance or display is by audiovisual means,
any visual portion of the performance or display is
communicated by means of a total of not more than 4
audiovisual devices, of which not more than one audiovisual
device is located in any 1 room, and no such audiovisual
device has a diagonal screen size greater than 55 inches, and
any audio portion of the performance or display is
communicated by means of a total of not more than 6
loudspeakers, of which not more than 4 loudspeakers are
located in any 1 room or adjoining outdoor space;
(iii) no direct charge is made to see or hear the
transmission or retransmission;
(iv) the transmission or retransmission is not further
transmitted beyond the establishment where it is received; and
(v) the transmission or retransmission is licensed by the
copyright owner of the work so publicly performed or displayed;
(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 concessionnaire,
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, or of the audiovisual or other devices
utilized in such performance, 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 advantage 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; and
(10) notwithstanding paragraph (4), 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.
The exemptions provided under paragraph (5) shall not be taken into
account in any administrative, judicial, or other governmental
proceeding to set or adjust the royalties payable to copyright
owners for the public performance or display of their works.
Royalties payable to copyright owners for any public performance or
display of their works other than such performances or displays as
are exempted under paragraph (5) shall not be diminished in any
respect as a result of such exemption.
In paragraph (2), the term "mediated instructional activities"
with respect to the performance or display of a work by digital
transmission under this section refers to activities that use
such work as an integral part of the class experience, controlled
by or under the actual supervision of the instructor and
analogous to the type of performance or display that would take
place in a live classroom setting. The term does not refer to
activities that use, in 1 or more class sessions of a single
course, such works as textbooks, course packs, or other material
in any media, copies or phonorecords of which are typically
purchased or acquired by the students in higher education for
their independent use and retention or are typically purchased or
acquired for elementary and secondary students for their
possession and independent use.
For purposes of paragraph (2), accreditation -
(A) with respect to an institution providing post-secondary
education, shall be as determined by a regional or national
accrediting agency recognized by the Council on Higher
Education Accreditation or the United States Department of
Education; and
(B) with respect to an institution providing elementary or
secondary education, shall be as recognized by the applicable
state certification or licensing procedures.
For purposes of paragraph (2), no governmental body or
accredited nonprofit educational institution shall be liable for
infringement by reason of the transient or temporary storage of
material carried out through the automatic technical process of a
digital transmission of the performance or display of that
material as authorized under paragraph (2). No such material
stored on the system or network controlled or operated by the
transmitting body or institution under this paragraph shall be
maintained on such system or network in a manner ordinarily
accessible to anyone other than anticipated recipients. No such
copy shall be maintained on the system or network in a manner
ordinarily accessible to such anticipated recipients for a longer
period than is reasonably necessary to facilitate the
transmissions for which it was made.
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