Section 110. Limitations on exclusive rights: Exemption of certain
performances and displays.
Notwithstanding the provisions of section 106, the following are not
infringements of copyright:
(1) performance or display of a work by instructors or pupils in the
course of face-to-face teaching activities of a nonprofit educational
institution, in a classroom or similar place devoted to instruction,
unless, in the case of a motion picture or other audiovisual work, the
performance, or the display of individual images, is given by means of
a copy that was not lawfully made under this title, and that the person
responsible for the performance knew or had reason to believe was not
lawfully made;
(2) performance of a nondramatic literary or musical work or
display of a work, by or in the course of a transmission, if-
(A) the performance or display is a regular part of the
systematic instructional activities of a governmental body or a
nonprofit educational institution; and
(B) the performance or display is directly related and of
assistance to the teaching content of the transmission; and
(C) the transmission is made primarily for-
(i) reception in classrooms or similar places normally to
instruction, or
(ii) reception by persons to whom the transmission is
because their disabilities or other special circumstances
prevent their attendance in classrooms or similar places
normally devoted to instruction, or
(iii) reception by officers or employees of governmental
bodies as a part of their official duties or employment;
(3) performance of a nondramatic literary or musical work or of a
dramatico-musical work of a religious nature, or display of a work in
the course of services at a place of worship or other religious assembly;
(4) performance of a nondramatic literary or musical work
otherwise than in a transmission to the public, without any purpose of
direct or indirect commercial advantage and without payment of any
fee or other compensation for the performance to any of its performers,
promoters, or organizers, if-
(A) there is no direct or indirect admission charge; or
(B) the proceeds, after deducting the reasonable costs of
producing the performance, are used exclusively for educational,
religious, or charitable purposes and not for private financial gain,
except where the copyright owner has served notice of objection to
the performance under the following conditions;
(i) the notice shall be in writing and signed by the
copyright owner or such owner's duly authorized agent; and
(ii) the notice shall be served on the person responsible
for the performance at least seven days before the date of the
performance, and shall state the reasons for the objection; and
(iii) the notice shall comply, in form, content, and
manner of service, with requirements that the Register of
Copyrights shall prescribe by regulation;
(5) communication of a transmission embodying a performance or
display of a work by the public reception of the transmission on a single
receiving apparatus of a kind commonly used in private homes, unless-
(A) a direct charge is made to see or hear the transmission; or
(B) the transmission thus received is further transmitted to the
public;
(6) performance of a nondramatic musical work by a governmental
body or a nonprofit agricultural or horticultural organization, in the
course of an annual agricultural or horticultural fair or exhibition
conducted by such body or organization; the exemption provided by this
clause shall extend to any liability for copyright infringement that
would otherwise be imposed on such body or organization, under
doctrines of vicarious liability or related infringement, for a
performance by a concessionaire, business establishment, or other person
at such fair or exhibition, but shall not excuse any such person from
liability for the performance;
(7) performance of a nondramatic musical work by a vending
establishment open to the public at large without any direct or indirect
admission charge, where the sole purpose of the performance is to
promote the retail sale of copies or phonorecords of the work, and the
performance is not transmitted beyond the place where the
establishment is located and is within the immediate area where the
sale is occurring;
(8) performance of a nondramatic literary work, by or in the course
of a transmission specifically designed for and primarily directed to
blind or other handicapped persons who are unable to read normal
printed material as a result of their handicap, or deaf or other
handicapped persons who are unable to hear the aural signals
accompanying a transmission of visual signals, if the performance is
made without any purpose of direct or indirect commercial advantages
and its transmission is made through the facilities of:
(i) a governmental body; or
(ii) a noncommercial educational broadcast station (as
defined in section 397 of title 47); or
(iii) a radio subcarrier authorization (as defined in 47
CFR 73.
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