1. Copyright Law Boston College Law School March 4, 2003 Rights – Public Distribution & Performance

2. Exclusive Rights 17 U.S.C. §106 –“Subject to sections 107 through 122, the owner of the copyright … has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work … (2) to prepare derivative works … (3) to distribute copies … to the public … (4) … to perform the copyrighted work publicly … (5) … to display the copyrighted work publicly … (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

3. Public Distribution 17 U.S.C. §106 –“Subject to sections 107 through 122, the owner of the copyright … has the exclusive rights to do and to authorize any of the following:… (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending...

4. First Sale Doctrine 17 U.S.C. §109 –“(a) Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title … is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.” –Exceptions Recorded music rental Software rental

5. Public Distribution Proposals to limit first sale –Royalties for library lending –Royalties for video rentals –Royalties for CD re-sales –Royalties for textbook re-sales

6. Public Performance 17 U.S.C. §106 –“Subject to sections 107 through 122, the owner of the copyright … has the exclusive rights to do and to authorize any of the following:… (4) … to perform the copyrighted work publicly …” –Sound recordings are excluded No general public performance right But digital public performance right in 106(6)

7. Public Performance 17 U.S.C. §101 –“To ‘perform’ a work means to recite, render, play, dance, or act it, either directly or by means of any device or process …” –“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 persons outside of a normal circle of 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) or to the public, by means of any device or process …”

8. Public Performance Examples –Live performance Place open to public –Showing a movie in a movie theater –Performing a play on Broadway Substantial number of people outside normal circle –Performing play in a church or private club –Performing music at a private dance club –Transmission Television broadcast Radio broadcast of music Reception of television in a public place (e.g. sports bar)

9. Public Performance 17 U.S.C. §110 Exclusions –(1) Face-to-face teaching activities –(2) Instructional broadcasting –(3) Religious services –(4) Performances of music with no commercial advantage –(5) Mere reception of broadcast in public –(6) Agricultural fairs –(7) In connection with sale of records or sheet music –(8) Noncommercial broadcasts to deaf and blind –(9) Certain charitable performances

10. Assignment for Next Class Finish VI.B. – Public Performance, Display