(d) The privileges prescribed by subsections (a) and (c) do not, unless
authorized by the copyright owner, extend to any person who has acquired
possession of the copy or phonorecord from the copyright owner, by
rental, lease, loan, or otherwise, without acquiring ownership of it.
(e) Notwithstanding the provisions of sections 106(4) and 106(5), in the
case of an electronic audiovisual game intended for use in coin-operated
equipment, the owner of a particular copy of such a game lawfully made
under this title, is entitled, without the authority of the copyright
owner of the game, to publicly perform or display that game in coin-
operated equipment, except that this subsection shall not apply to any
work of authorship embodied in the audiovisual game if the copyright
owner of the electronic audiovisual game is not also the copyright owner
of the work of authorship.
Section 110. Limitations on exclusive rights: Exemption of certain
performances and displays [41]
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 material
assistance to the teaching content of the transmission; and
(C) the transmission is made primarily for-
(i) reception in classrooms or similar places normally devoted to
instruction, or
(ii) reception by persons to whom the transmission is directed 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)(A) except as provided in subparagraph (B), 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-
(i) a direct charge is made to see or hear the transmission; or
(ii) the transmission thus received is further transmitted to the
public;
(B) communication by an establishment of a transmission or
retransmission embodying a performance or display of a nondramatic
musical work intended to be received by the general public, originated
by a radio or television broadcast station licensed as such by the
Federal Communications Commission, or, if an audiovisual transmission,
by a cable system or satellite carrier, if-
(i) in the case of an establishment other than a food service or
drinking establishment, either the establishment in which the
communication occurs has less than 2,000 gross square feet of space
(excluding space used for customer parking and for no other purpose), or
the establishment in which the communication occurs has 2,000 or more
gross square feet of space (excluding space used for customer parking
and for no other purpose) and-
(I) if the performance is by audio means only, the performance is
communicated by means of a total of not more than 6 loudspeakers, of
which not more than 4 loudspeakers are located in any 1 room or
adjoining outdoor space; or
(II) if the performance or display is by audiovisual means, any visual
portion of the performance or display is communicated by means of a
total of not more than 4 audiovisual devices, of which not more than 1
audiovisual device is located in any 1 room, and no such audiovisual
device has a diagonal screen size greater than 55 inches, and any audio
portion of the performance or display is communicated by means of a
total of not more than 6 loudspeakers, of which not more than 4
loudspeakers are located in any 1 room or adjoining outdoor space;
(ii) in the case of a food service or drinking establishment, either the
establishment in which the communication occurs has less than 3,750
gross square feet of space (excluding space used for customer parking
and for no other purpose), or the establishment in which the
communication occurs has 3,750 gross square feet of space or more
(excluding space used for customer parking and for no other purpose)
and
(I) if the performance is by audio means only, the performance is
communicated by means of a total of not more than 6 loudspeakers, of
which not more than 4 loudspeakers are located in any 1 room or
adjoining outdoor space; or
(II) if the performance or display is by audiovisual means, any visual
portion of the performance or display is communicated by means of a
total of not more than 4 audiovisual devices, of which not more than 1
audiovisual device is located in any 1 room, and no such audiovisual
device has a diagonal screen size greater than 55 inches, and any audio
portion of the performance or display is communicated by means of a
total of not more than 6 loudspeakers, of which not more than 4
loudspeakers are located in any 1 room or adjoining outdoor space;
(iii) no direct charge is made to see or hear the transmission or
retransmission;
(iv) the transmission or retransmission is not further transmitted
beyond the establishment where it is received; and
(v) the transmission or retransmission is licensed by the copyright
owner of the work so publicly performed or displayed;
(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
concessionnaire, 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, or of the audiovisual
or other devices utilized in such performance, 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 advantage 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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