§109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord — Inbound Citations
17 U.S.C. § 109
Cited by 4 provisions in release 119-102.
Citations to 17 U.S.C. § 109 as a whole
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(C) the fact that a person files notice of a noncommercial use of a sound recording in accordance with the regulations issued under paragraph (3)(B) does not itself affect any limitation on the exclusive rights of a copyright owner described in section 107, 108, 109, 110, or 112(f) as applied to a claim under subsection (a) of this section pursuant to subsection (f)(1)(A) of this section.
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(B) The fact that a rights holder opts out of a noncommercial use of a sound recording by filing notice thereof in the Copyright Office in accordance with the regulations issued under subparagraph (A) does not itself enlarge or diminish any limitation on the exclusive rights of a copyright owner described in section 107, 108, 109, 110, or 112(f) as applied to a claim under subsection (a) of this section pursuant to subsection (f)(1)(A) of this section.
Citations to §109(a)
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(h) For purposes of this section and section 109(a):(1) The term “date of adherence or proclamation” means the earlier of the date on which a foreign nation which, as of the date the WTO Agreement enters into force with respect to the United States, is not a nation adhering to the Berne Convention or a WTO member country, becomes—(A) a nation adhering to the Berne Convention;(B) a WTO member country;(C) a nation adhering to the WIPO Copyright Treaty;(D) a nation adhering to the WIPO Performances and Phonograms Treaty; or(E) subject to a Presidential proclamation under subsection (g).(2) The “date of restoration” of a restored copyright is—(A) January 1, 1996, if the source country of the restored work is a nation adhering to the Berne Convention or a WTO member country on such date, or(B) the date of adherence or proclamation, in the case of any other source country of the restored work.(3) The term “eligible country” means a nation, other than the United States, that—(A) becomes a WTO member country after the date of the enactment of the Uruguay Round Agreements Act;(B) on such date of enactment is, or after such date of enactment becomes, a nation adhering to the Berne Convention;(C) adheres to the WIPO Copyright Treaty;(D) adheres to the WIPO Performances and Phonograms Treaty; or(E) after such date of enactment becomes subject to a proclamation under subsection (g).(4) The term “reliance party” means any person who—(A) with respect to a particular work, engages in acts, before the source country of that work becomes an eligible country, which would have violated section 106 if the restored work had been subject to copyright protection, and who, after the source country becomes an eligible country, continues to engage in such acts;(B) before the source country of a particular work becomes an eligible country, makes or acquires 1 or more copies or phonorecords of that work; or(C) as the result of the sale or other disposition of a derivative work covered under subsection (d)(3), or significant assets of a person described in subparagraph (A) or (B), is a successor, assignee, or licensee of that person.(5) The term “restored copyright” means copyright in a restored work under this section.(6) The term “restored work” means an original work of authorship that—(A) is protected under subsection (a);(B) is not in the public domain in its source country through expiration of term of protection;(C) is in the public domain in the United States due to—(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements;(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or(iii) lack of national eligibility;(D) has at least one author or rightholder who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country and not published in the United States during the 30-day period following publication in such eligible country; and(E) if the source country for the work is an eligible country solely by virtue of its adherence to the WIPO Performances and Phonograms Treaty, is a sound recording.(7) The term “rightholder” means the person—(A) who, with respect to a sound recording, first fixes a sound recording with authorization, or(B) who has acquired rights from the person described in subparagraph (A) by means of any conveyance or by operation of law.(8) The “source country” of a restored work is—(A) a nation other than the United States;(B) in the case of an unpublished work—(i) the eligible country in which the author or rightholder is a national or domiciliary, or, if a restored work has more than 1 author or rightholder, of which the majority of foreign authors or rightholders are nationals or domiciliaries; or(ii) if the majority of authors or rightholders are not foreign, the nation other than the United States which has the most significant contacts with the work; and(C) in the case of a published work—(i) the eligible country in which the work is first published, or(ii) if the restored work is published on the same day in 2 or more eligible countries, the eligible country which has the most significant contacts with the work.