 Preface, Section 101 and Section 102 of Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code. This is the LibriVox recording. All LibriVox recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org. Recording by Elsie Selwyn. Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code by the United States Government. Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code. The Congress shall have power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. United States Constitution Article 1, Section 8. Preface, this publication contains the text of Title 17 of the United States Code, including all amendments enacted by Congress through June 30th, 2016. It includes the Copyright Act of 1976 and all subsequent amendments to Copyright Law. The Semiconductor Chip Protection Act of 1984, as amended, and the Vessel Hall of Design Protection Act, as amended. The Copyright Office is responsible for registering intellectual property claims under all three. The United States Copyright Law is contained in chapters 1 through 8 and 10 through 12 of Title 17 of the United States Code. The Copyright Act of 1976, which provides the basic framework for the current copyright law, was enacted on October 19th, 1976, as Public Law Number 94-55390, Stat. 2541. The 1976 Act was a comprehensive revision of the Copyright Law and Title 17. Listed below in chronological order of their enactment are the Copyright Act of 1976 and subsequent amendments to Title 17. Chapters 9 and 13 of Title 17 contain two types of design protection that are independent of copyright protection. Chapter 9 of Title 17 is the Semiconductor Chip Protection Act of 1984, SCPA, as amended. The SCPA was enacted as Title 3 of Public Law Number 98-620, 98, Stat. 33353347 on November 8th, 1984. Chapter 13 of Title 17 is the Vessel Hall Design Protection Act, VHDPA, as amended. The VHDPA was enacted on October 28th, 1998, as Title 5 of the Digital Millennium Copyright Act, DMCA, Public Law Number 105-304, 112, Stat. 2860-2905, subsequent amendments to the Title 17 provisions for SCPA and the VHDPA are also included in the list below in chronological order of their enactment. In some cases, statutory enactments affecting copyright law are not codified in Title 17 for transitional and supplementary provisions that do not amend Title 17 to see the appendices. Significant copyright legislation enacted since the last print edition of this circular in December 2011 includes the Unlocking Consumer Choice and Wireless Competition Act and the STELA Reauthorization Act of 2014. Statuary enactments contained in Title 17 of the United States Code. Copyright Act of 1976, Public Law Number 94-553, 90, Stat. 2541, for the General Revision of Copyright Law Title 17 of the United States Code and for other purposes, October 19th, 1976. Legislative Branch Appropriation Act 1978, Public Law Number 95-94, 91, Stat. 653682, amending Subsection 203 and Subsection 708, Title 17, United States Code regarding the deposit of monies by the Register of Copyrights in the Treasury of the United States enacted August 5th, 1977. Amending Subsection 203 and Subsection 708, Title 17, United States Code regarding the deposit of monies by the Register of Copyrights in the Treasury of the United States enacted August 5th, 1977. Copyright amendments, Public Law Number 95-598, 92, Stat. 25492676, amending Section 201E, Title 17, United States Code to permit involuntary transfer under the bankruptcy law enacted November 6th, 1978. Copyright amendments, Public Law Number 96-51794, Stat. 30153028, amending Section 101 and Section 117, Title 17, United States Code regarding computer programs enacted December 12th, 1980. Privacy and Counterfeiting Amendments Act of 1982, Public Law Number 97-180, 96, Stat. 91, 93, amending Section 506A, Title 17, United States Code and Title 18 of the United States Code enacted May 24th, 1982. Copyright amendments, Public Law Number 97-21596, Stat. 178, amending the manufacturing clause in Chapter 6, Title 17, United States Code enacted July 13th, 1982. Copyright amendments, Public Law Number 97-36696, Stat. 1759, amending Section 110 and Section 708, Title 17, United States Code regarding the redesignation of registration fees as filing fees and the exemption from copyright liability of certain performances of non-dramatic literary or musical work enacted October 25th, 1982. Record Rental Amendment of 1984, Public Law Number 98-450, 98, Stat. 1727, amending Section 109 and Section 115, Title 17, United States Code with respect to rental lease or lending of sound recordings enacted October 4th, 1984. Copyright amendments, Public Law Number 99-397, 100, Stat. 848, amending Section 101 and Section 801, Title 17, United States Code to clarify the definition of the local service area of a primary transmitter in the case of a low-power television station enacted on August 27th, 1986. Amendments to the Semiconductor Chip Protection Act of 1984, Public Law Number 100-159, 101, Stat. 899, amending Chapter 9, Title 17, United States Code regarding protection extended to semiconductor chip products of foreign entities enacted November 9th, 1987. Burn Convention Implementation Act of 1988, Public Law Number 100-568, 102, Stat. 2853, enacted October 31st, 1988. See Appendix M for certain provisions of the Act that do not amend Title 17 to the United States Code, Copyright Amendments, Public Law Number 100-617, 102, Stat. 3194, extending for an additional 8-year period certain provisions of Title 17, United States Code relating to the rental of sound recordings and further purposes enacted November 5th, 1988. Satellite Home Viewer Act of 1988, Title 2 of Public Law Number 100-667, 102, Stat. 3935, 3949, enacted November 16th, 1988. Judicial Improvements and Access to Justice Act, Public Law Number 100-702, 102, Stat. 4642, 4672. Amending Section 912, Title 17, United States Code, enacted November 19th, 1988. Copyright Fies and Technical Amendments Act of 1989, Public Law Number 101-318, 104, Stat. 287, enacted on July 3rd, 1990. Copyright Royal 2 Tribunal Reform and Miscellaneous Pay Act of 1989, Public Law Number 101-319, 104, Stat. 290, enacted July 3rd, 1990. Copyright Remedy Clarification Act, Public Law Number 101-553, 104, Stat. 2749, enacted November 15th, 1990. Visual Artist Rights Act of 1990, Title 6 of the Judicial Improvements Act of 1990, Public Law Number 101-650, 104, Stat. 5089, 5128, enacted December 1st, 1990. Architectural Works Copyright Protection Act, Title 7 of the Judicial Improvements Act of 1990, Public Law Number 101-650, 104, Stat. 5089, 5133, enacted December 1st, 1990. Computer Software Rental Amendments Act of 1990, Title 8 of the Judicial Improvements Act of 1990, Public Law Number 101-650, 104, Stat. 5089, 5134, enacted December 1st, 1990. Semiconductor International Protection Extension Act of 1991, Public Law Number 102-64, 105, Stat. 320, amended Chapter 9, Title 17, United States Code, Regarding Protection Extended to Semiconductor Chip Products of Foreign Entities, enacted June 28th, 1991. Copyright Amendments Act of 1992, Public Law Number 102-307, 106, Stat. 264, 272, amended Chapter 3, Title 17, United States Code, as described immediately below and by deleting subsection 108-I, enacted June 26th, 1992. Also, through an independent provision that does not amend Title 17 of the United States Code, the Act established the National Film Registry under Title 2, which is the National Film Preservation Act of 1992. Copyright Renewal Act of 1992, Title 1 of the Copyright Amendments Act of 1992, Public Law Number 102-307, 106, Stat. 264, amended Chapter 3, Title 17, United States Code, by providing for automatic renewal of copyright for works copyrighted between January 1st, 1964, and December 31st, 1977, enacted June 26th, 1992. Copyright Amendments, Public Law Number 102-492, 106, Stat. 3145, amended Section 107, Title 17, United States Code, Regarding Unpublished Works, enacted October 24th, 1992. Copyright Amendments, Public Law Number 102-561, 106, Stat. 4233, amended Section 2319, Title 18, United States Code, regarding criminal penalties for copyright infringement, enacted October 28th, 1992. Copyright Renewal Act of 1992, Public Law Number 102-563, 106, Stat. 4237, amended Title 17 of the United States Code, by adding a new Chapter 10, enacted October 28th, 1992. Copyright Renewal Act of 1992, North American Free Trade Agreement Implementation Act, Public Law Number 103-182, 107, Stat. 2057, 2114, and 2115, amended Section 109, Title 17, United States Code, and adding a new Subsection 104A, enacted December 8th, 1993. Copyright Royalty Tribunal Reform Act of 1993, Public Law Number 103-198, 107, Stat. 2304, amending Interalia, Chapter 8, Title 17, United States Code, enacted December 17th, 1993. Satellite Home Viewer Act of 1994, Public Law Number 103-369, 108, Stat. 3477, amending Interalia, Section 101, and Section 119, Title 17, United States Code, relating to the definition of a local service area of primary transmitter, enacted October 18th, 1994. Uruguay Round Agreements Act, Public Law Number 103-465, 108, Stat. 4809, 4973, amending Interalia, Section 104, Title 17, United States Code, and adding a new Chapter 11, enacted December 8th, 1994. See appendix N for the text of certain provisions of this Act that do not amend Title 17 of the United States Code. Digital Performance Rate and Sound Recordings Act of 1995, Public Law Number 104-39109, Stat. 336, amending Interalia, Section 114, and 115, Title 17, United States Code, enacted November 1st, 1995. Anti-Counterfeiting Consumer Protection Act of 1996, Public Law Number 104-153, 110, Stat. 1386, 1388, amending Subsection 603C, Title 17, United States Code, in Section 2318, Title 18, United States Code, enacted July 2nd, 1996. Legislative Branch Appropriations Act, 1997, Public Law Number 104-197, 110, Stat. 2394, 2416, amending Interalia, Title 17, United States Code, by adding a new Section 121, concerning the limitation on exclusive copyrights for literary works in specialized format for the blind and disabled, enacted September 16th, 1996. Copyright Amendments and Amendments to the Semiconductor Chip Protection Act of 1984, Public Law Number 105-8111, Stat. 1529, making technical amendments to certain provisions of Title 17, United States Code, enacted November 13th, 1997. No electronic theft, NET Act, Public Law Number 105-14711, Stat. 2678, enacted December 16, 1997. Sony, Bono Copyright Term Extension Act, Title 1 of Public Law Number 105-298, 112, Stat. 2827, amending Chapter 13, Title 17, United States Code, to extend the term of copyright protection for most works to life plus 70 years, enacted October 27th, 1998. Fairness and Music Licensing Act, 1998, Title 2 of Public Law Number 105-298, 112, Stat. 2827, 2830, amending Interalia, Section 110, Title 17, United States Code, and adding Section 513 to provide a music licensing exemption for food service and drinking establishments, enacted October 27th, 1998. Digital Millennium Copyright Act, Public Law Number 105-304, 112, Stat. 2860, 2887, Title 4, amending Section 108, Section 112, Section 114, Chapter 7 and Chapter 8, Title 17, United States Code, enacted October 28th, 1998. This Act also contains 4 separate acts within Titles 1, 2, 3, and 5 that amended Title 17 of the United States Code. These 4 acts are each separately listed below. See Appendix B for additional provisions of this Act that do not amend Title 17 in the United States Code. WIPO, Copyright and Performances and Phonogram Treaties Implementation Act of 1988, Title 1 of the Digital Millennium Copyright Act, Public Law Number 105-304, 112, Stat. 2860, 2861, amending Title 17 of the United States Code and Interalia to add a new Chapter 12, which prohibits circumvention of copyright protection systems and provides protection for copyright management information enacted October 28th, 1998. Online Copyright Infringement Liability Limitation Act, Title 2 of the Digital Millennium Copyright Act, Public Law Number 105-304, 112, Stat. 2860, 2877, amending Title 17 of the United States Code to add a new Section 512, enacted October 28th, 1998. Computer Maintenance Competition Assurance Act, Title 3 of the Digital Millennium Copyright Act, Public Law Number 105-304, 112, Stat. 2860, 2886, amending Section 117, Title 17 of the United States Code and Act, October 28th, 1998. Vessel Hall Design Protection Act, Title 5 of the Digital Millennium Copyright Act, Public Law Number 105-304, 112, Stat. 2860, 2905, adding Chapter 13, Title 17 of the United States Code to provide design protection for vessel hulls enacted October 28th, 1998. Copyright Amendments and Amendments to the Vessel Hall Design Protection Act, Public Law Number 106-44, 113, Stat. 221, making technical corrections to Title 17 of the United States Code, enacted August 5th, 1999. Satellite Home Viewer Improvement Act of 1999, Title 1 of the Intellectual Property and Communications Omnibus Reform Act of 1999, Public Law Number 106-113, 113, Stat. 1501, Appendix 1, amending Chapters 1 and 5 of the Title 17 of the United States Code to replace the Satellite Home Viewer Act of 1994, and amending Chapters 12 and 13 of Title 17, enacted November 29th, 1999. Digital Theft, Deterrence, and Copyright Damages Improvement Act of 1999, Public Law Number 106-160, 113, Stat. 1774, amending Chapter 5 of Title 17 of the United States Code to increase statutory damages for copyright infringement, enacted December 9th, 1999. Work Made for Higher and Copyright Corrections Act of 2000, Public Law Number 106-379, 114, Stat. 144, amending the definition of works made for higher and Title 17 of the United States Code, amending Chapter 7 of Title 17, including changing the language regarding copyright office fees, and making other technical and conforming amendments to Title 17, enacted October 27th, 2000. Intellectual Property and High Technology Technical Amendments Act of 2002, Division C, Title III, Subtitle B of the 21st Century Department of Justice Appropriations Authorization Act, Public Law Number 107-273, 116, Stat. 1758, 1901, making technical corrections both to Title 17 of the United States Code, and as described in footnotes where appropriate to Title I of the Intellectual Property and Communications Omnivus Reform Act of 1999, entitled the Satellite Home Viewer Improvement Act of 1999, Public Law Number 106-113, 113, Stat. 1501, Appendix 1, enacted November 2nd, 2002, Technology Education and Copyright Harmonization Act of 2002, Division C, Title III, Subtitle C of the 21st Century Department of Justice Appropriations Authorization Act, Public Law Number 107-273, 116, Stat. 1758, 1910, amending Chapter 1, Title 17, United States Code to incorporate provisions relating to use of copyrighted works for distance education, enacted November 2nd, 2002, Small Webcaster Settlement Act of 2002, Public Law Number 107-321, 116, Stat. 2780, amending Chapter 1, Title 17, United States Code to incorporate new language into Section 114, enacted December 4th, 2002, Copyright Royalty and Distribution Reform Act of 2004, Public Law Number 108-419, 118, Stat. 2341, revising Chapter 8, Title 17, United States Code in its entirety, enacted November 30th, 2004, Individuals with Disabilities Education Improvement Act of 2004, Title III, Public Law Number 108-446, 118, Stat. 2647-2807, amending Section 121, Title 17, United States Code to further expand authorized reproduction of copyrighted works for the blind or people with other disabilities, enacted December 3rd, 2004, Satellite Home Viewer Extension and Reauthorization Act of 2004, Title IX, Division J of the Consolidated Appropriations Act 2005, Public Law Number 108-447, 118, Stat. 2809, 3393, amending Section 119, Title 17, United States Code throughout and by extending for an additional five years of statutory license for satellite characters, returns between over-the-air television broadcast stations to their subscribers, enacted December 8th, 2004, Anti-Counterfeiting Amendments Act of 2004, Title I of the Intellectual Property Protection and Courts Amendments Act of 2004, Public Law Number 108-482, 118, Stat. 3912, amending Section 2318, Title 18, United States Code concerning trafficking and counterfeit or illicit labels in connection with stolen copyrighted works, enacted December 23rd, 2004, Fraudulent Online Identity Sanctions Act, Title II of the Intellectual Property Protection and Courts Amendments Act of 2004, Public Law Number 108-482, 118, Stat. 3912, 3916, amending Section 504C, Title 17, United States Code to add language making in a criminal violation to knowingly provide false contact information for a delmay name that is used in connection with a criminal offender, copyright infringement when registering the domain name with authorities, enacted December 23rd, 2004, Artists' Rights and That Prevention Act of 2005, also known as the ART Act, Art Act, Title I of the Family Entertainment and Copyright Act of 2005, Public Law Number 109-9, 119, Stat. 218, amending Chapter 118, Title 13, U.S. Code to add a new Section 23019b, authorizing criminal penalties for unauthorized recording of motion pictures, amends Section 506-A, Title 17, U.S. Code in its entirety, amending Section 23019, Title 18, U.S. Code by adding criminal penalties for Section 506-A, amending Section 408, Title 17, United States Code, by adding new language authorizing pre-registration of works being prepared for commercial distribution, and directing the United States Sentencing Commission to establish policies and guidelines for intellectual property crimes, and act in April 27, 2005. Family Movie, Act of 2005, Title II of Family Entertainment and Copyright Act of 2005, Public Law No. 109-9, 119, Statue 218, 223, amending Section 110, Title 17, United States Code, to add a new exemption from infringement for imperceptible skipping of audio and video content and motion pictures, and act in April 27, 2005. Preservation of Orphan Works Act, Title IV of the Family Entertainment and Copyright Act of 2005, Public Law No. 109-9, 119, Statue 218, 226, amending Section 108, I, Title 17, United States Code, to add Orphan Works to the list of works that are exempt from certain limitations on uses by libraries and archives, and act in April 27, 2005. Copyright Royalty Judges Program, Technical Corrections Act, Public Law No. 109-303, 120, Statue 1478, to make clarifying and technical corrections to Chapter 8, United States Code and Related Conforming Amendments, and act in October 6, 2006. Prioritizing Resources and Organization for Intellectual Property Act of 2008, Public Law No. 110-403, 122, Statue 4256, amending Civil and Criminal Provisions in Chapters 4, 5, and 6, Title 17, United States Code and Related Provisions in Title 23, United States Code, enacted October 13, 2008. Vessel Hall Design Protection Amendments Act of 2008, Public Law No. 110-434, 122, Statue 4972, amending definitions in Section 1301, and act in October 16, 2008. Webcaster Settlement Act of 2008, Public Law No. 110-435, 122, Statue 4974, amending Section 117, United States Code, 114, to implement the Webcaster Settlement Agreement, and act in October 16, 2008. Webcaster Settlement Act of 2009, Public Law No. 111-36, 123, Statue 1926, amending Section 114, to authorize 30-day negotiation period for webcasters and copyright holders, and act in June 30, 2009. Department of Defense Appropriations Act 2010, Public Law No. 111-1118, 123, Statue 3409, amending Section 119, Title 17, United States Code, to extend certain time periods to February 28, 2010, and to repeal Section 4a of the Satellite Home Viewer Act of 1994, enacted December 19, 2009, Temporary Extension Act of 2010, Public Law No. 111-144, 124, Statue 42, amending Section 119, Title 17, United States Code, to extend certain time periods to March 28, 2010, and act in March 12, 2010. Satellite Television Extension Act of 2010, Public Law No. 111-151, 124, Statue 1027, amending Section 119, Title 17, United States Code, to extend certain periods to April 30, 2010, and act in March 26, 2010. Continuing Extension Act of 2010, Public Law No. 111-157, 114, Statue 127, amending Section 124, Statue 1116, amending Section 119, Title 17, United States Code, to extend certain time periods to May 31, 2010, and act in April 15, 2010. Satellite Television Extension Localism Act of 2010, Public Law No. 111-175, 124, Statue 1218, amending Section 111, 119, 122, 708, and 804 of Title 17, United States Code, enacted May 27, 2010. Copyright Cleanup, Clarification, and Corrections Act of 2010, Public Law No. 111-295, 124, Statue 318-0, making miscellaneous clarifying, conforming, and technical corrections throughout Title 17, United States Code, and Section 2318, Title 18, United States Code, and repealing Section 601, Title 17, United States Code, enacted December 9, 2010, S-T-E-L-A, Reauthorization Act of 2014, Public Law No. 113-200, 128, Statue 2059, amending Section 119, and 122 of Title 17, United States Code, enacted December 4, 2014. Acknowledgements, this 2016 edition would not have been possible without the efforts of Renee Coe, Attorney-Advisor, and the Office of the General Counsel, and Michelle Cho, Barbara A. Ringer-Feller, who both reviewed and updated the statutory text, as well as visual information specialists, David Rice and Cecilia Rogers, and writer-editor Judith Nehrman from the Office of Public Information and Education, who finalized the editing design and production of this edition, Karen Temple-Claggett, Acting Register of Copyrights. Subject Matter and Scope of Copyright, Section 101, Definitions. Accepted as otherwise provided in this title as used in this title, the following terms and their variant forms mean the following. An anonymous work is a work on the copies or phonorecords of which no natural person is identified as the author. An architectural work has the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features. Audiovisual works are works that consist of a series of related images which are intrinsically intended to be shown by the means of machines or devices such as projectors, viewers, or electronic equipment together with accompanying sounds, if any, regardless of the nature of the material objects such as films or tapes in which the works are embodied. The Byrne Convention is the convention for the protection of literary and artistic works signed at Byrne Switzerland on September 9th, 1886, and Al Ack's Protocols and Revisions thereto. The best edition of a work is the edition published in the United States at any time before the date of deposit that the Library of Congress determines to be most suitable for its purposes. A person's children are that person's immediate offspring whether legitimate or not, and any children legally adopted by that person. A collective work is a work such as a periodical issue, anthology, or encyclopedia in which a number of contributions constituting separate and independent works in themselves are assembled into a collective whole. A compilation is a work formed by the collection and assembling of pre-existing materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term compilation includes collective works. A computer program is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. Copies are material objects other than phonorecords in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device. The term copies includes the material object other than a phonorecord in which the work is first fixed. Copyright owner with respect to any one of the exclusive rights comprised in a copyright refers to the owner of that particular right. A copyright royalty judge is a copyright royalty judge appointed under section 802 of this title and includes any individual serving as an interim copyright royalty judge under such section. A work is created when it is fixed in a copy or phonorecord for the first time. Whether a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time and where the work has been prepared in different versions. Each version constitutes a separate work. A derivative work is a work based upon one or more pre-existing works such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sand recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which as a whole represent an original work of authorship is a derivative work. A device, machine, or process is what now known or later developed. A digital transmission is a transmission in whole or in part in a digital or other non-analog format. To display, a work means to show a copy of it either directly or by means of a film, slide, television, image, or any other device or process, or in the case of a motion picture or other audio visual work to show individual images non-sequentially. An establishment is a store, shop, or any other similar place of business open to the general public for the primary purpose of selling goods or services in which the majority of the gross square feet of space that is non-residential is used for that purpose and in which non-traumatic musical works are performed publicly. The term financial gain includes receipt or expectation of receipt of anything of value including the receipt of other copyrighted works. A work is fixed in a tangible medium of expression when its embodiment in a copy or funnel record by or under the authority of the author is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both that are being transmitted is fixed for the purposes of this title if a fixation of the work is being made simultaneously with its transmission. A food service or drinking establishment is a restaurant in, bar, tavern, or any other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink in which the majority of the gross square feet of space that is non-residential is used for that purpose and in which non-traumatic musical works are performed publicly. The Geneva Phonograms Convention is the convention for the protection of producers of phonograms against unauthorized duplication of their phonograms concluded at Geneva Switzerland on October 29, 1971. The gross square feet of space of an establishment means the entire interior space without establishment in any enjoining outdoor space used to service patrons whether on a seasonal basis or otherwise. The terms including and such as are illustrative and not limitative. An international agreement is, one, the Universal Copyright Convention, two, the Geneva Phonograms Convention, three, the Berne Convention, four, the WTO Agreement, five, the WIPO Copyright Treaty, six, the WIPO Performances and Phonograms Treaty, and seven, any other copyright treaty in which the United States is a party. A joint work is a work prepared by two or more authors with the intention that their contribution be merged into inseparable or interdependent parts of a unitary whole. Literary works are works other than audio-visual works, expressed in words, numbers, or other verbal or numerical symbols or indicia. Regardless of the nature of the material objects such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards in which they are embodied. The term motion picture exhibition facility means a movie theater, screening room, or other venue that is being used primarily for the exhibition of a copyrighted motion picture. If such exhibition is open to the public or is made to an assembled group of viewers outside of a normal circle of a family and its social acquaintances, motion pictures are audio-visual works consisting of a series of related images which when shown in succession impart an impression of motion together with accompanying sounds, if any. To perform a work means to recite, render a play, dance, or act it, either directly or by means of any device or process, or in the case of a motion picture or other audio-visual work, to show its images in any sequence or to make the sounds accompanying it audible. A performing rights society is an association corporation or other entity that licenses the public performance of non-dramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors, and Publishers, ASCAP, Broadcast Music Incorporated, BMI, and the SESAC Incorporated Phonorecords are material objects in which sounds other than those accompanying a motion picture or other audio-visual work are fixed by any method now known or later developed and from which the sounds can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device. The term photorecords includes the material object in which the sounds are first fixed. Pictorial, graphic, and sculptural works include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints, and art reproductions, maps, globes, charts, diagrams, models, and technical drawings including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned. The design of a useful article is defined in this section shall be considered a pictorial, graphic, or sculptural work only if and only to the extent that such design incorporates pictorial, graphic, or sculptural features that can be identified separately from and are capable of existing independently of the utilitarian aspects of the article. For purposes of section 513 a proprietor is an individual corporation, partnership, or other entity, as the case may be, that owns an establishment or a food service or drinking establishment except that no owner or operator of a radio or television station licensed by the Federal Communications Commission Cable System or Satellite Carrier, cable or satellite carrier service or programmer, provider of online services or network access to the operator of facilities, therefore telecommunications company or any other such audio or audiovisual service or programmer now known or as may be developed in the future commercial subscription music service or owner or operator of any other transmission service shall under any circumstances be deemed to be a proprietor. A sudominous work is a work with the copies or final records of which the author is identified under a fictitious name. Publication is the distribution of copies or final records of a work to the public by sale or other transfer of ownership or by rental lease or lending. The offering to distribute copies or final records to a group of persons for purposes of further distribution public performance or public display constitutes publication. A public performance or display of a work does not of itself constitute publication. To perform or display a work publicly means one to perform or display it at a place open to the public or any place where it is a substantial number of persons outside of a normal circle family and its social acquaintances is gathered or two to transmit or otherwise communicate a performance or display the work in a place specified by clouds one or to the public by means of any device or process whether the members of the public capable of receiving the performances or display receive it in the same place or in separate places and at the same time or at different times. Registration for purposes of section 205c to 405, 406, 410d, 411, 412, and 506e means a registration of a claim in the original or the renewed and extended term of copyright. Sound recordings are works that results from the fixation of a series of musical spoken or other sounds but not including the sounds accompanying a motion picture or other audio visual work regardless of the nature of the material objects such as discs, tapes, or other photo records in which they are embodied. State includes the District of Columbia and the Commonwealth of Puerto Rico in any territories which this title is made applicable by an act of Congress. A transfer of copyright ownership is an assignment, mortgage, exclusive license, or any other conveyance alienation or hypothecation of a copyright or of any of the exclusive rights comprised in the copyright whether or not it is limited in time or place of effect but not including a non-exclusive license. A transmission program is a body of material that as an aggregate has been produced for the sole purpose of transmission to the public in sequence and as a unit. To transmit a performance or display it is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. A treaty party is a country or intergovernmental organization other than the United States that is a party to an international agreement. The United States when used in a geographical sense comprises the several states the District of Columbia and the Commonwealth of Puerto Rico and the organized territories under the jurisdiction of the United States government. For purposes of section 411 a work is a United States work only if one in the case of a published work the work is first published a in the United States b simultaneously in the United States and another treaty party or parties whose law grants a term of copyright protection that is the same as or longer than the term provided in the United States c simultaneously in the United States in a foreign nation that is not a treaty party or d in a foreign nation that is not a treaty party and all of the authors of the work are nationals domiciliaries or habitual residents of or in the case of an audio visual work legal entities with headquarters in the United States two in the case of an unpublished work all the authors of the work are nationals domiciliaries or habitual residents of the United States or in the case of an unpublished audio visual work all the authors are legal entities with headquarters in the United States or three in the case of a pictorial graphic or sculptural work incorporated in a building or sculpture the building or sculptures located in the United States a useful article is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information an article that is normally a part of a useful article is considered a useful article the author's widow or widower is the author's surviving spouse under the law of the author's domicile at the time of his or her death whether or not the spouse has later remarried the wipo copyright treaty is the wipo copyright treaty concluded at Geneva Switzerland on December 20th 1996 the wipo performances and phonograms treaty is the wipo performances and phonograms treaty concluded at Geneva Switzerland on December 20th 1996 a work of visual art is one a painting drawing print or sculpture existing in a single copy in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author or in the case of the sculpture and multiple cast carb or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author or two is a still photographic image produced for exhibition purposes only existing in a single copy that is signed by the author or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author a work of visual art does not include a one any poster map globe chart technical drawing diagram model applied art motion picture or other audio visual work book magazine newspaper periodical database electronic information service electronic publication or similar publication two any merchandising item or advertising promotional descriptive covering or packaging material or container three any portion or part of any item described in clause one or two b any work made for hire or c any work not subject to copyright protection under this title a work of the united states government as a work prepared by an officer or employee of the united states government as part of the person's official duties a work made for hire is one a work prepared by an employee within the scope of his or her employment or two a work specifically ordered or commissioned for use as a contribution to a collective work as a part of a motion picture or other audio visual work as a translation as a supplementary work as a compilation as an instructional text as a test as answer material for a test or as an atlas if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire for the purpose of the foregoing sentence the supplementary work is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing concluding illustrating explaining revising commenting upon or assisting in the use of the other work such as four words afterwards pictorial illustrations maps charts tables editorial notes musical arrangements answer material for tests bibliographies appendices and indexes and an instructional text is a literary pictorial or graphic work prepared for publication and with the purpose of use in systematic instructional activities in determining whether any work is eligible to be considered a work made for hire under paragraph two neither the amendment contained in section one thousand eleven d of the intellectual property and communications omnibus reform act in nineteen ninety nine as enacted by section one thousand a nine of public law one hundred and six dash one hundred and thirteen nor the deletion of the words added by that amendment a shall be considered or otherwise given any legal significance or b shall be interpreted to indicate congressional approval or disapproval of or acquiescence in any judicial determination by the courts of the copyright office paragraph two shall be interpreted as if both section two a one of the work made for higher copyright corrections act two thousand and section one thousand and eleven d of the intellectual property and communications omnibus reform act of nineteen ninety nine as enacted by section one thousand eight nine of public law one hundred and six dash one hundred and thirteen were never enacted and without regard to any inaction or awareness by the congress at any time of any judicial determinations the terms wto agreement and wto member country have the meanings given these terms and paragraphs nine and ten respectively of section two of the uruguay round agreements act section 102 subject matter of copyright in general a copyright protection subsist in accordance with this title and original works of authorship fixed in any tangible medium of expression now known or later developed from which they can be perceived reproduced or otherwise communicated either directly or with the aid of a machine your device works of authorship include the following categories one literary works to musical works including any accompanying words three dramatic works including any accompanying music for pantomimes and choreographic works five pictorial graphic and sculptural works six motion pictures and other audio visual works seven sound recordings and eight architectural works b in no case does copyright protection for an original work of authorship extent to any idea procedure process system method of operation concept principle or discovery regardless of the form in which it is described explained illustrated or embodied in such work end of copyright law the united states and related laws contained in title 17 of the united states code preface section 101 and section 102 read by lc soan