(b) The exclusive right of the owner of copyright in a sound recording
under clause (1) of section 106 is limited to the right to duplicate the
sound recording in the form of phonorecords or copies that directly or
indirectly recapture the actual sounds fixed in the recording. The
exclusive right of the owner of copyright in a sound recording under
clause (2) of section 106 is limited to the right to prepare a
derivative work in which the actual sounds fixed in the sound recording
are rearranged, remixed, or otherwise altered in sequence or quality.
The exclusive rights of the owner of copyright in a sound recording
under clauses (1) and (2) of section 106 do not extend to the making or
duplication of another sound recording that consists entirely of an
independent fixation of other sounds, even though such sounds imitate or
simulate those in the copyrighted sound recording. The exclusive rights
of the owner of copyright in a sound recording under clauses (1), (2),
and (3) of section 106 do not apply to sound recordings included in
educational television and radio programs (as defined in section 397 of
title 47) distributed or transmitted by or through public broadcasting
entities (as defined by section 118(g)): *Provided*, That copies or
phonorecords of said programs are not commercially distributed by or
through public broadcasting entities to the general public.
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