(a) Subject to the provisions of subsections (b) and (c) of this section,
the exclusive right to reproduce a copyrighted pictorial, graphic, or
sculptural work in copies under section 106 includes the right to
reproduce the work in or on any kind of article, whether useful or
otherwise.
(b) This title does not afford, to the owner of copyright in a work that
portrays a useful article as such, any greater or lesser rights with
respect to the making, distribution, or display of the useful article so
portrayed than those afforded to such works under the law, whether
title 17 or the common law or statutes of a State, in effect on December
31, 1977, as held applicable and construed by a court in an action
brought under this title.
(c) In the case of a work lawfully reproduced in useful articles that
have been offered for sale or other distribution to the public, copyright
does not include any right to prevent the making, distribution, or
display of pictures or photographs of such articles in connection with
advertisements or commentaries related to the distribution or display
of such articles, or in connection with news reports.
Section 114. Scope of exclusive rights in sound recordings.
(a) The exclusive rights of the owner of copyright in a sound recording
are limited to the rights specified by clauses (1), (2), and (3) of section
106, and do not include any right of performance under section 106(4).
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