Page 3 TITLE 17—COPYRIGHTS § 101 ‘‘Limitations on exclusive rights: Secondary trans- Congress determines to be most suitable for missions’’, 119 ‘‘Limitations on exclusive rights: Sec- its purposes. ondary transmissions of superstations and network sta- A person’s ‘‘children’’ are that person’s im- tions for private home viewing’’, and 122 ‘‘Limitations mediate offspring, whether legitimate or not, on exclusive rights: Secondary transmissions by sat- ellite carriers within local markets’’. and any children legally adopted by that per- 2002—Pub. L. 107–273, div. C, title III, § 13210(2)(B), son. (3)(B), Nov. 2, 2002, 116 Stat. 1909, substituted ‘‘Repro- A ‘‘collective work’’ is a work, such as a pe- duction’’ for ‘‘reproduction’’ in item 121 and ‘‘Limita- riodical issue, anthology, or encyclopedia, in tions on exclusive rights: Secondary transmissions by which a number of contributions, constituting satellite carriers within local markets’’ for ‘‘Limita- separate and independent works in them- tions on exclusive rights; secondary transmissions by selves, are assembled into a collective whole. satellite carriers within local market’’ in item 122. A ‘‘compilation’’ is a work formed by the 1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1002(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–527, added collection and assembling of preexisting mate- item 122. rials or of data that are selected, coordinated, 1997—Pub. L. 105–80, § 12(a)(2), Nov. 13, 1997, 111 Stat. or arranged in such a way that the resulting 1534, substituted ‘‘Limitations on exclusive rights: work as a whole constitutes an original work Computer programs’’ for ‘‘Scope of exclusive rights: of authorship. The term ‘‘compilation’’ in- Use in conjunction with computers and similar infor- cludes collective works. mation systems’’ in item 117. A ‘‘computer program’’ is a set of state- 1996—Pub. L. 104–197, title III, § 316(b), Sept. 16, 1996, ments or instructions to be used directly or in- 110 Stat. 2417, added item 121. 1994—Pub. L. 103–465, title V, § 514(c), Dec. 8, 1994, 108 directly in a computer in order to bring about Stat. 4981, substituted ‘‘Copyright in restored works’’ a certain result. for ‘‘Copyright in certain motion pictures’’ in item ‘‘Copies’’ are material objects, other than 104A. phonorecords, in which a work is fixed by any 1993—Pub. L. 103–198, § 3(a), (b)(2), Dec. 17, 1993, 107 method now known or later developed, and Stat. 2309, renumbered item 116A as 116 and struck out from which the work can be perceived, repro- former item 116 ‘‘Scope of exclusive rights in nondra- duced, or otherwise communicated, either di- matic musical works: Compulsory licenses for public performances by means of coin-operated phonorecord rectly or with the aid of a machine or device. players.’’ The term ‘‘copies’’ includes the material ob- Pub. L. 103–182, title III, § 334(b), Dec. 8, 1993, 107 Stat. ject, other than a phonorecord, in which the 2115, added item 104A. work is first fixed. 1990—Pub. L. 101–650, title VI, § 603(b), title VII, ‘‘Copyright owner’’, with respect to any one § 704(b)(1), Dec. 1, 1990, 104 Stat. 5130, 5134, added items of the exclusive rights comprised in a copy- 106A and 120. right, refers to the owner of that particular 1988—Pub. L. 100–667, title II, § 202(6), Nov. 16, 1988, 102 Stat. 3958, added item 119. right. Pub. L. 100–568, § 4(b)(2), Oct. 31, 1988, 102 Stat. 2857, A ‘‘Copyright Royalty Judge’’ is a Copyright substituted ‘‘Compulsory licenses for public perform- Royalty Judge appointed under section 802 of ances’’ for ‘‘Public performances’’ in item 116 and added this title, and includes any individual serving item 116A. as an interim Copyright Royalty Judge under such section. § 101. Definitions A work is ‘‘created’’ when it is fixed in a Except as otherwise provided in this title, as copy or phonorecord for the first time; where used in this title, the following terms and their a work is prepared over a period of time, the variant forms mean the following: portion of it that has been fixed at any par- An ‘‘anonymous work’’ is a work on the cop- ticular time constitutes the work as of that ies or phonorecords of which no natural person time, and where the work has been prepared in is identified as author. different versions, each version constitutes a An ‘‘architectural work’’ is the design of a separate work. building as embodied in any tangible medium A ‘‘derivative work’’ is a work based upon of expression, including a building, architec- one or more preexisting works, such as a tural plans, or drawings. The work includes translation, musical arrangement, dramatiza- the overall form as well as the arrangement tion, fictionalization, motion picture version, and composition of spaces and elements in the sound recording, art reproduction, abridg- design, but does not include individual stand- ment, condensation, or any other form in ard features. which a work may be recast, transformed, or ‘‘Audiovisual works’’ are works that consist adapted. A work consisting of editorial revi- of a series of related images which are intrin- sions, annotations, elaborations, or other sically intended to be shown by the use of ma- modifications which, as a whole, represent an chines, or devices such as projectors, viewers, original work of authorship, is a ‘‘derivative or electronic equipment, together with accom- work’’. panying sounds, if any, regardless of the na- A ‘‘device’’, ‘‘machine’’, or ‘‘process’’ is one ture of the material objects, such as films or now known or later developed. tapes, in which the works are embodied. A ‘‘digital transmission’’ is a transmission The ‘‘Berne Convention’’ is the Convention in whole or in part in a digital or other non- for the Protection of Literary and Artistic analog format. Works, signed at Berne, Switzerland, on Sep- To ‘‘display’’ a work means to show a copy tember 9, 1886, and all acts, protocols, and re- of it, either directly or by means of a film, visions thereto. slide, television image, or any other device or The ‘‘best edition’’ of a work is the edition, process or, in the case of a motion picture or published in the United States at any time be- other audiovisual work, to show individual im- fore the date of deposit, that the Library of ages nonsequentially. § 101 TITLE 17—COPYRIGHTS Page 4 An ‘‘establishment’’ is a store, shop, or any ‘‘Motion pictures’’ are audiovisual works similar place of business open to the general consisting of a series of related images which, public for the primary purpose of selling goods when shown in succession, impart an impres- or services in which the majority of the gross sion of motion, together with accompanying square feet of space that is nonresidential is sounds, if any. used for that purpose, and in which nondra- To ‘‘perform’’ a work means to recite, matic musical works are performed publicly. render, play, dance, or act it, either directly The term ‘‘financial gain’’ includes receipt, or by means of any device or process or, in the or expectation of receipt, of anything of value, case of a motion picture or other audiovisual including the receipt of other copyrighted work, to show its images in any sequence or to works. make the sounds accompanying it audible. A work is ‘‘fixed’’ in a tangible medium of A ‘‘performing rights society’’ is an associa- expression when its embodiment in a copy or tion, corporation, or other entity that licenses phonorecord, by or under the authority of the the public performance of nondramatic musi- author, is sufficiently permanent or stable to cal works on behalf of copyright owners of permit it to be perceived, reproduced, or such works, such as the American Society of otherwise communicated for a period of more Composers, Authors and Publishers (ASCAP), than transitory duration. A work consisting of Broadcast Music, Inc. (BMI), and SESAC, Inc. sounds, images, or both, that are being trans- ‘‘Phonorecords’’ are material objects in mitted, is ‘‘fixed’’ for purposes of this title if which sounds, other than those accompanying a fixation of the work is being made simulta- a motion picture or other audiovisual work, neously with its transmission. are fixed by any method now known or later A ‘‘food service or drinking establishment’’ developed, and from which the sounds can be is a restaurant, inn, bar, tavern, or any other perceived, reproduced, or otherwise commu- similar place of business in which the public nicated, either directly or with the aid of a or patrons assemble for the primary purpose of machine or device. The term ‘‘phonorecords’’ being served food or drink, in which the ma- includes the material object in which the jority of the gross square feet of space that is sounds are first fixed. nonresidential is used for that purpose, and in ‘‘Pictorial, graphic, and sculptural works’’ which nondramatic musical works are per- include two-dimensional and three-dimen- formed publicly. sional works of fine, graphic, and applied art, The ‘‘Geneva Phonograms Convention’’ is photographs, prints and art reproductions, the Convention for the Protection of Produc- maps, globes, charts, diagrams, models, and ers of Phonograms Against Unauthorized Du- technical drawings, including architectural plication of Their Phonograms, concluded at plans. Such works shall include works of artis- Geneva, Switzerland, on October 29, 1971. tic craftsmanship insofar as their form but not The ‘‘gross square feet of space’’ of an estab- their mechanical or utilitarian aspects are lishment means the entire interior space of concerned; the design of a useful article, as de- that establishment, and any adjoining outdoor fined in this section, shall be considered a pic- space used to serve patrons, whether on a sea- torial, graphic, or sculptural work only if, and sonal basis or otherwise.