U.S.A. Copyright Law | Page 7

rights in pictorial,
graphic, and sculptural works + 114. Scope of exclusive rights in sound
recordings + 115. Scope of exclusive rights in nondramatic musical
works: Compulsory license for making and distributing phonorecords +
116. Negotiated licenses for public performances by means of coin-
operated phonorecord players + 117. Limitations on exclusive rights:
Computer programs [1] + 118. Scope of exclusive rights: Use of certain
works in connection with noncommercial broadcasting + 119.
Limitations on exclusive rights: Secondary transmissions of
superstations and network stations for private home viewing + 120.
Scope of exclusive rights in architectural works + 121. Limitations on
exclusive rights: reproduction for blind or other people with disabilities
+ 122. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local market

Section 101. Definitions [2]
Except 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 author.
An "architectural work" is 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. [3]
"Audiovisual works" are works that consist of a series of related images
which are intrinsically intended to be shown by the use 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 "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. [4]
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

preexisting 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.
"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 work is "created" when it is fixed in a copy or phonorecord for the
first time; where 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 preexisting
works, such as a translation, musical arrangement, 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 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 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. [5]
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 audiovisual work, to show
individual images nonsequentially.
An "establishment" is a store, shop, or any 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
nonresidential is used for that purpose, and in which nondramatic
musical works are performed publicly. [6]
A "food service or drinking establishment" is a restaurant, inn, bar,