Subsection (h) provides that the rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a film or other audiovisual work that is not “an audiovisual work dealing with news”. The latter term is understood as the equivalent in meaning of the phrase “audiovisual news program” in section 108 (f) (. The exclusions in subsection (h) do not apply to the reproduction of files in subsection (b), to the replacement of copies or phonoregistrations damaged or lost under subsection (c), or to “pictorial or graphic works published as illustrations, diagrams or similar attachments to works of which copies are reproduced or distributed of compliance with subsections (d) and (e). (iii) Reception by officials or employees of government agencies as part of their official duties or employment.
Such activities alone would not normally be considered “for direct or indirect commercial advantage”, since the “advantage” referred to in this clause must be linked to the immediate commercial motivation behind the reproduction or distribution itself, rather than to obtaining final profits. motivation behind the company where the library is located. The current law, while not entirely clear, apparently bases mandatory licensing on the making or licensing of the first recording, even if authorized records are not distributed to the public. Although the wording of the United States Government's definition of “work” differs to some extent from the definition of “work for hire”, it is intended that the concepts be interpreted in the same way.
The Act provided that the rights belonged to the authors and to the printers and booksellers who had received the right to print from the authors, thus recognizing the essentially commercial nature of the printing industry. Notwithstanding paragraph (), intentional or repeated secondary transmission to the public by a satellite operator of a representation or exhibition of a work incorporated in a primary broadcast performed by a non-network station or a network station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by Articles 502 to 506, if the satellite carrier illegally discriminates against a distributor. B) receive notification that any subsequent reproduction or distribution in a format other than a specialized format constitutes an infringement; and. As used in this subsection, the term “videotape” means the reproduction of the images and sounds of a program or programs broadcast by a television broadcasting station licensed by the Federal Communications Commission, regardless of the nature of the material objects, such as tapes or films, in which the reproduction is incarnate.
At any time during the lawsuit, the court may order the seizure of any and all copies of the infringing products. Such deposit may, at the option of the owner of the broadcasting right in the United States, be made by donation, loan for reproduction purposes, or by sale at a price not exceeding the cost of reproducing and providing the copy or sound disc. Use will be limited by this Act only to those prescribed as acceptable by content providers, whose priorities are not necessarily in agreement with the content creators. Another unsatisfactory aspect of this Act is the lack of any provision to correct or expand the information given in a complete record.
(ii) officials or employees of government agencies as part of their official duties or employment; and. A “copied digital audio recording” is a reproduction in a digital recording format of a digital music recording, regardless of whether the playback is made directly from another digital music recording or indirectly from a transmission. Subsection (g) provides that the rights granted by this section extend only to the “isolated and unrelated reproduction” of a single copy or phonoregister of the same material on separate occasions. As far as that person is concerned, the copy or phonogram made is not considered “lawfully made” for the purposes of sections 109, 110 or other provisions of the title.