FROM: http://cyber.law.harvard.edu/property/library/copyrightact.html#anchor549701In accordance with Federal Laws provided...
(5) in the case of an architectural work embodied in a building, such building is erected in a country adhering tothe Bern...
the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwisecom...
the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United StatesGovernment.A "us...
categories:(1) literary works;(2) musical works, including any accompanying words;(3) dramatic works, including any accomp...
American States; or(4) the work is a Berne Convention work; or(5) the work comes within the scope of a Presidential procla...
(1) shall have the right--(A) to claim authorship of that work, and(B) to prevent the use of his or her name as the author...
UNITED STATES CODE ANNOTATED                                          TITLE 17. COPYRIGHTS                           CHAPT...
ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effectunder this...
Upcoming SlideShare
Loading in...5
×

UNITED STATES CODE ANNOTATED - Chapter 1

259

Published on

UNITED STATES CODE ANNOTATED - Chapter 1
This information is being shared because United States President Barack Obama, his Administration, his Legal Counsel (Baker Donelson Bearman Caldwell & Berkowitz), The Garretson Resolution Firm and other CONSPIRATORS/CO-CONSPIRATORS are trying to keep the PUBLIC/WORLD from obtaining documents Newsome is sharing.
Provides information as to the REASONS why the FEDERAL BUREAU OF INVESTIGATION, JUDICIAL COMPLAINTS and CONGRESSIONAL COMPLAINTS Filed by Vogel Denise Newsome are being OBSTRUCTED from being PROSECUTED!
Garretson Resolution Group appears to be FRONTING Firm for United States President Barack Obama and Legal Counsel/Advisor (Baker Donelson Bearman Caldwell & Berkowitz) which has submitted a SLAPP Complaint to OneWebHosting.com in efforts of PREVENTING the PUBLIC/WORLD from knowing of its and President Barack Obama's ROLE in CONSPIRACIES leveled against Vogel Denise Newsome in EXPOSING the TRUTH behind the 911 DOMESTIC TERRORIST ATTACKS, COLLAPSE OF THE WORLD ECONOMY, EMPLOYMENT violations and other crimes of United States Government Officials. Information that United States President Barack Obama, The Garretson Resolution Group, Baker Donelson Bearman Caldwell & Berkowitz, and United States Congress, etc. do NOT want the PUBLIC/WORLD to see. Information of PUBLIC Interest!

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
259
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

UNITED STATES CODE ANNOTATED - Chapter 1

  1. 1. FROM: http://cyber.law.harvard.edu/property/library/copyrightact.html#anchor549701In accordance with Federal Laws provided For Educational and Information Purposes – i.e. of PUBLIC Interest Selected Sections of the Copyright Act§ 101 -- Definitions§ 102 -- What may be copyrighted§ 103 -- Compilations and Derivative Works§ 104 -- National Origin of Works; Unpublished works§ 106 -- Entitlements of Copyright§ 106A -- Visual Artists Rights Act§ 107 -- Fair Use§ 201 -- Who owns a copyright§ 302 -- Duration of Copyright17 USCA 10117 U.S.C.A. s 101 UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHTCurrent through P.L. 105-153, approved 12-17-97s 101. DefinitionsExcept as otherwise provided in this title, as used in this title, the following terms and their variant forms mean thefollowing:An "anonymous work" is a work on the copies or phonorecords of which no natural person is identified as author.An "architectural work" is the design of a building as embodied in any tangible medium of expression, including abuilding, architectural plans, or drawings. The work includes the overall form as well as the arrangement andcomposition 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 beshown by the use of machines or devices such as projectors, viewers, or electronic equipment, together withaccompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which theworks are embodied.The "Berne Convention" is the Convention for the Protection of Literary and Artistic Works, signed at Berne,Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto.A work is a "Berne Convention work" if--(1) in the case of an unpublished work, one or more of the authors is a national of a nation adhering to the BerneConvention, or in the case of a published work, one or more of the authors is a national of a nation adhering to theBerne Convention on the date of first publication;(2) the work was first published in a nation adhering to the Berne Convention, or was simultaneously firstpublished in a nation adhering to the Berne Convention and in a foreign nation that does not adhere to the BerneConvention;(3) in the case of an audiovisual work--(A) if one or more of the authors is a legal entity, that author has its headquarters in a nation adhering to the BerneConvention; or(B) if one or more of the authors is an individual, that author is domiciled, or has his or her habitual residence in, anation adhering to the Berne Convention;(4) in the case of a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, thebuilding or structure is located in a nation adhering to the Berne Convention; or
  2. 2. (5) in the case of an architectural work embodied in a building, such building is erected in a country adhering tothe Berne Convention.For purposes of paragraph (1), an author who is domiciled in or has his or her habitual residence in, a nationadhering to the Berne Convention is considered to be a national of that nation. For purposes of paragraph (2), awork is considered to have been simultaneously published in two or more nations if its dates of publication arewithin 30 days of one another.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 persons "children" are that persons immediate offspring, whether legitimate or not, and any children legallyadopted by that person.A "collective work" is a work, such as a periodical issue, anthology, or encyclopedia, in which a number ofcontributions, 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 preexisting materials or of data that areselected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work ofauthorship. The term "compilation" includes collective works. back to doctrinal memo on joint works"Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known orlater developed, and from which the work can be perceived, reproduced, or otherwise communicated, eitherdirectly or with the aid of a machine or device. The term "copies" includes the material object, other than aphonorecord, 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 ofthat particular right.The "country of origin" of a Berne Convention work, for purposes of section 411, is the United States if--(1) 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 nation or nations adhering to the Berne Convention, whoselaw 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 and a foreign nation that does not adhere to the Berne Convention; or(D) in a foreign nation that does not adhere to the Berne Convention, and all of the authors of the work arenationals, domiciliaries, or habitual residents of, or in the case of an audiovisual work legal entities withheadquarters in, the United States;(2) in the case of an unpublished work, all the authors of the work are nationals, domiciliaries, or habitual residentsof the United States, or, in the case of an unpublished audiovisual work, all the authors are legal entities withheadquarters in the United States; or(3) in the case of a pictorial, graphic, or sculptural work incorporated in a building or structure, the building orstructure is located in the United States.For the purposes of section 411, the "country of origin" of any other Berne Convention work is not the UnitedStates.A work is "created" when it is fixed in a copy or phonorecord for the first time; where a work is prepared over aperiod of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, andwhere 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 preexisting works, such as a translation, musicalarrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction,abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A workconsisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent anoriginal work of authorship, is a "derivative work". back to doctrinal memo on joint authorshipA "device", "machine", or "process" is one 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, orany other device or process or, in the case of a motion picture or other audiovisual work, to show individualimages nonsequentially.The term "financial gain" includes receipt, or expectation of receipt, of anything of value, including the receipt ofother copyrighted works.A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under
  3. 3. the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwisecommunicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that arebeing transmitted, is "fixed" for purposes of this title if a fixation of the work is being made simultaneously with itstransmission.The terms "including" and "such as" are illustrative and not limitative.A "joint work" is a work prepared by two or more authors with the intention that their contributions be merged intoinseparable or interdependent parts of a unitary whole. back to doctrinal memo on joint works"Literary works" are works, other than audiovisual works, expressed in words, numbers, or other verbal ornumerical 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."Motion pictures" are audiovisual 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, play, dance, or act it, either directly or by means of any device orprocess or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or tomake the sounds accompanying it audible."Phonorecords" are material objects in which sounds, other than those accompanying a motion picture or otheraudiovisual work, are fixed by any method now known or later developed, and from which the sounds can beperceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term"phonorecords" 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 technicaldrawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as theirform but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in thissection, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such designincorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable ofexisting independently of, the utilitarian aspects of the article.A "pseudonymous work" is a work on the copies or phonorecords of which the author is identified under afictitious name."Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer ofownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of personsfor purposes of further distribution, public performance, or public display, constitutes publication. A publicperformance or display of a work does not of itself constitute publication."Registration", for purposes of sections 205(c)(2), 405, 406, 410(d), 411, 412, and 506(e), means a registration of aclaim in the original or the renewed and extended term of copyright.To perform or display a work "publicly" means--(1) to perform or display it at a place open to the public or at any place where a substantial number of personsoutside of a normal circle of a family and its social acquaintances is gathered; or(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) orto the public, by means of any device or process, whether the members of the public capable of receiving theperformance or display receive it in the same place or in separate places and at the same time or at different times."Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds, but notincluding the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of thematerial objects, such as disks, tapes, or other phonorecords, in which they are embodied."State" includes the District of Columbia and the Commonwealth of Puerto Rico, and any territories to which thistitle 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 a copyright, whether ornot it is limited in time or place of effect, but not including a nonexclusive license.A "transmission program" is a body of material that, as an aggregate, has been produced for the sole purpose oftransmission to the public in sequence and as a unit.To "transmit" a performance or display is to communicate it by any device or process whereby images or soundsare received beyond the place from which they are sent.The "United States", when used in a geographical sense, comprises the several States, the District of Columbia and
  4. 4. the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United StatesGovernment.A "useful article" is an article having an intrinsic utilitarian function that is not merely to portray the appearance ofthe article or to convey information. An article that is normally a part of a useful article is considered a "usefularticle".The authors "widow" or "widower" is the authors surviving spouse under the law of the authors domicile at thetime of his or her death, whether or not the spouse has later remarried.A "work of visual art" is--(1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer thatare signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, orfabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or otheridentifying mark of the author; or(2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by theauthor, 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)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or otheraudiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronicpublication, or similar publication;(ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container;(iii) any portion or part of any item described in clause (i) or (ii);(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" is a work prepared by an officer or employee of the United StatesGovernment as part of that persons official duties.A "work made for hire" is--(1) a work prepared by an employee within the scope of his or her employment; or(2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motionpicture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructionaltext, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrumentsigned by them that the work shall be considered a work made for hire. For the purpose of the foregoing sentence,a "supplementary work" is a work prepared for publication as a secondary adjunct to a work by another author forthe purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the useof the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes,musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an "instructionaltext" is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematicinstructional activities. back to doctrinal memo on joint authorsA "computer program" is a set of statements or instructions to be used directly or indirectly in a computer in orderto bring about a certain result.17 USCA 10217 U.S.C.A. s 102 UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHTCurrent through P.L. 105-153, approved 12-17-97s 102. Subject matter of copyright: In general(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangiblemedium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwisecommunicated, either directly or with the aid of a machine or device. Works of authorship include the following
  5. 5. categories:(1) literary works;(2) musical works, including any accompanying words;(3) dramatic works, including any accompanying music;(4) pantomimes and choreographic works;(5) pictorial, graphic, and sculptural works;(6) motion pictures and other audiovisual works;(7) sound recordings; and(8) architectural works.(b) In no case does copyright protection for an original work of authorship extend 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.17 USCA 10317 U.S.C.A. s 103 UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHTCurrent through P.L. 105-153, approved 12-17-97s 103. Subject matter of copyright: Compilations and derivative works(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, butprotection for a work employing preexisting material in which copyright subsists does not extend to any part of thework in which such material has been used unlawfully.(b) The copyright in a compilation or derivative work extends only to the material contributed by the author ofsuch work, as distinguished from the preexisting material employed in the work, and does not imply any exclusiveright in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge thescope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.17 USCA 10417 U.S.C.A. s 104 UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHTCurrent through P.L. 105-153, approved 12-17-97s 104. Subject matter of copyright: National origin(a) Unpublished Works.--The works specified by sections 102 and 103, while unpublished, are subject toprotection under this title without regard to the nationality or domicile of the author.(b) Published Works.--The works specified by sections 102 and 103, when published, are subject to protectionunder this title if--(1) on the date of first publication, one or more of the authors is a national or domiciliary of the United States, or isa national, domiciliary, or sovereign authority of a foreign nation that is a party to a copyright treaty to which theUnited States is also a party, or is a stateless person, wherever that person may be domiciled; or(2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is aparty to the Universal Copyright Convention; or(3) the work is first published by the United Nations or any of its specialized agencies, or by the Organization of
  6. 6. American States; or(4) the work is a Berne Convention work; or(5) the work comes within the scope of a Presidential proclamation. Whenever the President finds that a particularforeign nation extends, to works by authors who are nationals or domiciliaries of the United States or to works thatare first published in the United States, copyright protection on substantially the same basis as that on which theforeign nation extends protection to works of its own nationals and domiciliaries and works first published in thatnation, the President may by proclamation extend protection under this title to works of which one or more of theauthors is, on the date of first publication, a national, domiciliary, or sovereign authority of that nation, or whichwas first published in that nation. The President may revise, suspend, or revoke any such proclamation or imposeany conditions or limitations on protection under a proclamation.(c) Effect of Berne Convention.-- No right or interest in a work eligible for protection under this title may beclaimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the UnitedStates thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federalor State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, theprovisions of the Berne Convention, or the adherence of the United States thereto.17 USCA 10617 U.S.C.A. s 106 UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHTCurrent through P.L. 105-153, approved 12-17-97s 106. Exclusive rights in copyrighted worksSubject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and toauthorize any of the following:(1) to reproduce the copyrighted work in copies or phonorecords;(2) to prepare derivative works based upon the copyrighted work;(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer ofownership, or by rental, lease, or lending;(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and otheraudiovisual works, to perform the copyrighted work publicly;(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, orsculptural works, including the individual images of a motion picture or other audiovisual work, to display thecopyrighted work publicly; and(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audiotransmission.17 USCA 106A17 U.S.C.A. s 106A UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHTCurrent through P.L. 105-153, approved 12-17-97s 106A. Rights of certain authors to attribution and integrity(a) Rights of attribution and integrity.--Subject to section 107 and independent of the exclusive rights provided insection 106, the author of a work of visual art--
  7. 7. (1) shall have the right--(A) to claim authorship of that work, and(B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of adistortion, mutilation, or other modification of the work which would be prejudicial to his or her honor orreputation; and(3) subject to the limitations set forth in section 113(d), shall have the right--(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicialto his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is aviolation of that right, and(B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destructionof that work is a violation of that right.(b) Scope and exercise of rights.--Only the author of a work of visual art has the rights conferred by subsection (a)in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art arecoowners of the rights conferred by subsection (a) in that work.(c) Exceptions.--(1) The modification of a work of visual art which is a result of the passage of time or the inherentnature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A).(2) The modification of a work of visual art which is the result of conservation, or of the public presentation,including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modificationdescribed in subsection (a)(3) unless the modification is caused by gross negligence.(3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction,portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B)of the definition of "work of visual art" in section 101, and any such reproduction, depiction, portrayal, or other useof a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection(a).(d) Duration of rights.--(1) With respect to works of visual art created on or after the effective date set forth insection 610(a) of the Visual Artists Rights Act of 1990, the rights conferred by subsection (a) shall endure for aterm consisting of the life of the author.(2) With respect to works of visual art created before the effective date set forth in section 610(a) of the VisualArtists Rights Act of 1990, but title to which has not, as of such effective date, been transferred from the author,the rights conferred by subsection (a) shall be coextensive with, and shall expire at the same time as, the rightsconferred by section 106.(3) In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endurefor a term consisting of the life of the last surviving author.(4) All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they wouldotherwise expire.(e) Transfer and waiver.--(1) The rights conferred by subsection (a) may not be transferred, but those rights may bewaived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrumentshall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall applyonly to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver ofrights under this paragraph made by one such author waives such rights for all such authors.(2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct fromownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work.Transfer of ownership of any copy of a work of visual art, or of a copyright or any exclusive right under acopyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise beagreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a)with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or ofownership of a copyright or of any exclusive right under a copyright in that work.17 USCA 10717 U.S.C.A. s 107
  8. 8. UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHTCurrent through P.L. 105-153, approved 12-17-97s 107. Limitations on exclusive rights: Fair useNotwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such useby reproduction in copies or phonorecords or by any other means specified by that section, for purposes such ascriticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, orresearch, is not an infringement of copyright. In determining whether the use made of a work in any particular caseis a fair use the factors to be considered shall include--(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofiteducational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made uponconsideration of all the above factors.17 USCA 20117 U.S.C.A. s 201 UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFERCurrent through P.L. 105-153, approved 12-17-97s 201. Ownership of copyright(a) Initial Ownership.--Copyright in a work protected under this title vests initially in the author or authors of thework. The authors of a joint work are coowners of copyright in the work.(b) Works Made for Hire.--In the case of a work made for hire, the employer or other person for whom the workwas prepared is considered the author for purposes of this title, and, unless the parties have expressly agreedotherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.(c) Contributions to Collective Works.--Copyright in each separate contribution to a collective work is distinctfrom copyright in the collective work as a whole, and vests initially in the author of the contribution. In theabsence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collectivework is presumed to have acquired only the privilege of reproducing and distributing the contribution as part ofthat particular collective work, any revision of that collective work, and any later collective work in the sameseries.(d) Transfer of Ownership.--(1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or byoperation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestatesuccession.(2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specifiedby section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particularexclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyrightowner by this title.(e) Involuntary Transfer.--When an individual authors ownership of a copyright, or of any of the exclusive rightsunder a copyright, has not previously been transferred voluntarily by that individual author, no action by anygovernmental body or other official or organization purporting to seize, expropriate, transfer, or exercise rights of
  9. 9. ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effectunder this title, except as provided under title 11.17 USCA 30217 U.S.C.A. s 302 UNITED STATES CODE ANNOTATED TITLE 17. COPYRIGHTS CHAPTER 3--DURATION OF COPYRIGHTCurrent through P.L. 105-298Sec. 302. - Duration of copyright: Works created on or after January 1, 1978(a) In General. - Copyright in a work created on or after January 1, 1978, subsists from its creation and, except asprovided by the following subsections, endures for a term consisting of the life of the author and 70 years after theauthors death.(b) Joint Works. - In the case of a joint work prepared by two or more authors who did not work for hire, thecopyright endures for a term consisting of the life of the last surviving author and 70 years after such last survivingauthors death.(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire. - In the case of an anonymous work, apseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its firstpublication, or a term of 120 years from the year of its creation, whichever expires first. If, before the end of suchterm, the identity of one or more of the authors of an anonymous or pseudonymous work is revealed in the recordsof a registration made for that work under subsections (a) or (d) of section 408, or in the records provided by thissubsection, the copyright in the work endures for the term specified by subsection (a) or (b), based on the life ofthe author or authors whose identity has been revealed. Any person having an interest in the copyright in ananonymous or pseudonymous work may at any time record, in records to be maintained by the Copyright Officefor that purpose, a statement identifying one or more authors of the work; the statement shall also identify theperson filing it, the nature of that persons interest, the source of the information recorded, and the particular workaffected, and shall comply in form and content with requirements that the Register of Copyrights shall prescribe byregulation.(d) Records Relating to Death of Authors. - Any person having an interest in a copyright may at any time record inthe Copyright Office a statement of the date of death of the author of the copyrighted work, or a statement that theauthor is still living on a particular date. The statement shall identify the person filing it, the nature of that personsinterest, and the source of the information recorded, and shall comply in form and content with requirements thatthe Register of Copyrights shall prescribe by regulation. The Register shall maintain current records of informationrelating to the death of authors of copyrighted works, based on such recorded statements and, to the extent theRegister considers practicable, on data contained in any of the records of the Copyright Office or in other referencesources.(e) Presumption as to Authors Death. - After a period of 95 years from the year of first publication of a work, or aperiod of 120 years from the year of its creation, whichever expires first, any person who obtains from theCopyright Office a certified report that the records provided by subsection (d) disclose nothing to indicate that theauthor of the work is living, or died less than 70 years before, is entitled to the benefits of a presumption that theauthor has been dead for at least 70 years. Reliance in good faith upon this presumption shall be a completedefense to any action for infringement under this title.

×