Copyright Section 106

Limitations on exclusive rights.

Copyright section 106. 1 works created before the effective date set forth in subsection a but title to which has not as of such effective date been transferred from the author and. While fair use explicitly applies to use of copyrighted work for criticism news reporting teaching scholarship or research purposes the defense is not limited to these areas. Section 106 of the national historic preservation act of 1966 nhpa requires federal agencies to consider the effects on historic properties of projects they carry out assist fund permit license or approve throughout the country.

Right of public display clause 5 of section 106 represents the first explicit statutory recognition in american copyright law of an exclusive right to show a copyrighted work or an image of it to the public. The existence or extent of this right under the present statute is uncertain and subject to challenge. 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.

An act relating to copyright and the protection of certain performances and for other purposes administered by. Under section 107 the fair use of a copyrighted work is not copyright infringement even if such use technically violates section 106. Infrastructure transport regional development and communications incorporated amendments.

Right of public display clause 5 of section 106 represents the first explicit statutory recognition in american copyright law of an exclusive right to show a copyrighted work or an image of it to the public. Ephemeral recordings 47 a 1 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 including a statutory license under section 114 f. Thus for example a performer could read a nondramatic literary work aloud under section 110 2 but the copyright owner s permission would be required for him to act it out in dramatic form.

The clause is not intended to limit in any way the copyright owner s exclusive right to make dramatizations adaptations or other derivative works under section 106 2.