Section 106 Copyright Act

Citation needed in deliberating the act congress noted that extensive technological advances had occurred since the adoption of the 1909 act television motion pictures sound recordings and radio were cited as examples.

Section 106 copyright act. 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. The rights created by section 106a of title 17 united states code shall apply to. 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.

Before the 1976 act the last major revision to statutory copyright law in the united states occurred in 1909. Ephemeral recordings 46 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. Public distribution clause 3 of section 106 establishes the exclusive right of publication.

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. An act relating to copyright and the protection of certain performances and for other purposes administered by. Infrastructure transport regional development and communications incorporated amendments.

Limitations on exclusive rights. In determining whether any work is eligible to be considered a work made for hire under paragraph 2 neither the amendment contained in section 1011 d of the intellectual property and communications omnibus reform act of 1999 as enacted by section 1000 a 9 of public law 106 113 nor the deletion of the words added by that amendment. 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 right 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 under this provision the copyright owner would have the right to control the first public distribution of an authorized copy or phonorecord of his work whether by sale gift loan or some rental or lease arrangement. The act was designed in part to. 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 existence or extent of this right under the present statute is uncertain and subject to challenge. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall.