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Jac Londe

U.S. Code: Title 17 - COPYRIGHTS | LII / Legal Information Institute - 48 views

  • U.S. Code › Title 17 U.S. Code: Title 17 - COPYRIGHTS
  • CHAPTER 1—SUBJECT MATTER AND SCOPE OF COPYRIGHT (§§ 101–122) CHAPTER 2—COPYRIGHT OWNERSHIP AND TRANSFER (§§ 201–205) CHAPTER 3—DURATION OF COPYRIGHT (§§ 301–305) CHAPTER 4—COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION (§§ 401–412) CHAPTER 5—COPYRIGHT INFRINGEMENT AND REMEDIES (§§ 501–513) CHAPTER 6—IMPORTATION AND EXPORTATION (§§ 601–603) CHAPTER 7—COPYRIGHT OFFICE (§§ 701–710) CHAPTER 8—PROCEEDINGS BY COPYRIGHT ROYALTY JUDGES (§§ 801–805) CHAPTER 9—PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS (§§ 901–914) CHAPTER 10—DIGITAL AUDIO RECORDING DEVICES AND MEDIA (§§ 1001–1010) CHAPTER 11—SOUND RECORDINGS AND MUSIC VIDEOS (§ 1101) CHAPTER 12—COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS (§§ 1201–1205) CHAPTER 13—PROTECTION OF ORIGINAL DESIGNS (§§ 1301–1332)
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    Everything to you must know about copyrights for your work and the work of your students.
Jac Londe

17 U.S. Code § 113 - Scope of exclusive rights in pictorial, graphic, and scu... - 10 views

  • U.S. Code › Title 17 › Chapter 1 › § 113 17 U.S. Code § 113 - Scope of exclusive rights in pictorial, graphic, and sculptural works
  • (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.
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  • (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.
  • (d) (1) In a case in which— (A) a work of visual art has been incorporated in or made part of a building in such a way that removing the work from the building will cause the destruction, distortion, mutilation, or other modification of the work as described in section 106A (a)(3), and
  • (B) the author consented to the installation of the work in the building either before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, or in a written instrument executed on or after such effective date that is signed by the owner of the building and the author and that specifies that installation of the work may subject the work to destruction, distortion, mutilation, or other modification, by reason of its removal,
  • then the rights conferred by paragraphs (2) and (3) of section 106A (a) shall not apply.
  • (2) If the owner of a building wishes to remove a work of visual art which is a part of such building and which can be removed from the building without the destruction, distortion, mutilation, or other modification of the work as described in section 106A (a)(3), the author’s rights under paragraphs (2) and (3) of section 106A (a) shall apply unless—
  • (A) the owner has made a diligent, good faith attempt without success to notify the author of the owner’s intended action affecting the work of visual art, or (B) the owner did provide such notice in writing and the person so notified failed, within 90 days after receiving such notice, either to remove the work or to pay for its removal.
  • For purposes of subparagraph (A), an owner shall be presumed to have made a diligent, good faith attempt to send notice if the owner sent such notice by registered mail to the author at the most recent address of the author that was recorded with the Register of Copyrights pursuant to paragraph (3). If the work is removed at the expense of the author, title to that copy of the work shall be deemed to be in the author.
  • (3) The Register of Copyrights shall establish a system of records whereby any author of a work of visual art that has been incorporated in or made part of a building, may record his or her identity and address with the Copyright Office. The Register shall also establish procedures under which any such author may update the information so recorded, and procedures under which owners of buildings may record with the Copyright Office evidence of their efforts to comply with this subsection.
Jac Londe

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use | LII / Legal ... - 2 views

  • Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Jac Londe

17 U.S. Code § 106 - Exclusive rights in copyrighted works | LII / Legal Info... - 1 views

  • 17 U.S. Code § 106 - Exclusive rights in copyrighted works
  • Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
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