US Codex
U.S.C.
Notes

§110. Limitations on exclusive rights: Exemption of certain performances and displays — Inbound Citations

17 U.S.C. § 110

Cited by 18 provisions in release 119-102.

Citations to 17 U.S.C. § 110 as a whole

Citations to §110(1)

  • 17 U.S.C. § 118(c)(3)
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    (3) the making of reproductions by a governmental body or a nonprofit institution of a transmission program simultaneously with its transmission as specified in paragraph (1), and the performance or display of the contents of such program under the conditions specified by paragraph (1) of section 110, but only if the reproductions are used for performances or displays for a period of no more than seven days from the date of the transmission specified in paragraph (1), and are destroyed before or at the end of such period. No person supplying, in accordance with paragraph (2), a reproduction of a transmission program to governmental bodies or nonprofit institutions under this paragraph shall have any liability as a result of failure of such body or institution to destroy such reproduction: Provided, That it shall have notified such body or institution of the requirement for such destruction pursuant to this paragraph: And provided further, That if such body or institution itself fails to destroy such reproduction it shall be deemed to have infringed.

Citations to §110(2)

  • 17 U.S.C. § 111(a)(2)
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    (2) the secondary transmission is made solely for the purpose and under the conditions specified by paragraph (2) of section 110; or
  • 17 U.S.C. § 112(b)
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    (b) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a governmental body or other nonprofit organization entitled to transmit a performance or display of a work, under section 110(2) or under the limitations on exclusive rights in sound recordings specified by section 114(a), to make no more than thirty copies or phonorecords of a particular transmission program embodying the performance or display, if—
    (1) no further copies or phonorecords are reproduced from the copies or phonorecords made under this clause; and
    (2) except for one copy or phonorecord that may be preserved exclusively for archival purposes, the copies or phonorecords are destroyed within seven years from the date the transmission program was first transmitted to the public.
  • 17 U.S.C. § 112(f)(1)
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    (1) Notwithstanding the provisions of section 106, and without limiting the application of subsection (b), it is not an infringement of copyright for a governmental body or other nonprofit educational institution entitled under section 110(2) to transmit a performance or display to make copies or phonorecords of a work that is in digital form and, solely to the extent permitted in paragraph (2), of a work that is in analog form, embodying the performance or display to be used for making transmissions authorized under section 110(2), if—
    (A) such copies or phonorecords are retained and used solely by the body or institution that made them, and no further copies or phonorecords are reproduced from them, except as authorized under section 110(2); and
    (B) such copies or phonorecords are used solely for transmissions authorized under section 110(2).
  • 17 U.S.C. § 112(f)(1)(A)
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    (A) such copies or phonorecords are retained and used solely by the body or institution that made them, and no further copies or phonorecords are reproduced from them, except as authorized under section 110(2); and
  • 17 U.S.C. § 112(f)(1)(B)
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    (B) such copies or phonorecords are used solely for transmissions authorized under section 110(2).
  • 17 U.S.C. § 112(f)(2)
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    (2) This subsection does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted hereunder, only with respect to the amount of such works authorized to be performed or displayed under section 110(2), if—
    (A) no digital version of the work is available to the institution; or
    (B) the digital version of the work that is available to the institution is subject to technological protection measures that prevent its use for section 110(2).
  • 17 U.S.C. § 112(f)(2)(B)
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    (B) the digital version of the work that is available to the institution is subject to technological protection measures that prevent its use for section 110(2).

Citations to §110(5)

  • 17 U.S.C. § 504(d)
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    (d) In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.

Citations to §110(8)

  • 17 U.S.C. § 112(d)
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    (d) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a governmental body or other nonprofit organization entitled to transmit a performance of a work under section 110(8) to make no more than ten copies or phonorecords embodying the performance, or to permit the use of any such copy or phonorecord by any governmental body or nonprofit organization entitled to transmit a performance of a work under section 110(8), if—
    (1) any such copy or phonorecord is retained and used solely by the organization that made it, or by a governmental body or nonprofit organization entitled to transmit a performance of a work under section 110(8), and no further copies or phonorecords are reproduced from it; and
    (2) any such copy or phonorecord is used solely for transmissions authorized under section 110(8), or for purposes of archival preservation or security; and
    (3) the governmental body or nonprofit organization permitting any use of any such copy or phonorecord by any governmental body or nonprofit organization under this subsection does not make any charge for such use.
  • 17 U.S.C. § 112(d)(1)
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    (1) any such copy or phonorecord is retained and used solely by the organization that made it, or by a governmental body or nonprofit organization entitled to transmit a performance of a work under section 110(8), and no further copies or phonorecords are reproduced from it; and
  • 17 U.S.C. § 112(d)(2)
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    (2) any such copy or phonorecord is used solely for transmissions authorized under section 110(8), or for purposes of archival preservation or security; and

Citations to §110(11)

  • 15 U.S.C. § 1114(3)(A)
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    (A) Any person who engages in the conduct described in paragraph (11) of section 110 of title 17 and who complies with the requirements set forth in that paragraph is not liable on account of such conduct for a violation of any right under this chapter. This subparagraph does not preclude liability, nor shall it be construed to restrict the defenses or limitations on rights granted under this chapter, of a person for conduct not described in paragraph (11) of section 110 of title 17, even if that person also engages in conduct described in paragraph (11) of section 110 of such title.