17 U.S.C. § 109 : US Code - Section 109: Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord

Search 17 U.S.C. § 109 : US Code - Section 109: Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord

      (a) Notwithstanding the provisions of section 106(3), the owner
    of a particular copy or phonorecord lawfully made under this title,
    or any person authorized by such owner, is entitled, without the
    authority of the copyright owner, to sell or otherwise dispose of
    the possession of that copy or phonorecord. Notwithstanding the
    preceding sentence, copies or phonorecords of works subject to
    restored copyright under section 104A that are manufactured before
    the date of restoration of copyright or, with respect to reliance
    parties, before publication or service of notice under section
    104A(e), may be sold or otherwise disposed of without the
    authorization of the owner of the restored copyright for purposes
    of direct or indirect commercial advantage only during the 12-month
    period beginning on - 
        (1) the date of the publication in the Federal Register of the
      notice of intent filed with the Copyright Office under section
      104A(d)(2)(A), or
        (2) the date of the receipt of actual notice served under
      section 104A(d)(2)(B),

    whichever occurs first.
      (b)(1)(A) Notwithstanding the provisions of subsection (a),
    unless authorized by the owners of copyright in the sound recording
    or the owner of copyright in a computer program (including any
    tape, disk, or other medium embodying such program), and in the
    case of a sound recording in the musical works embodied therein,
    neither the owner of a particular phonorecord nor any person in
    possession of a particular copy of a computer program (including
    any tape, disk, or other medium embodying such program), may, for
    the purposes of direct or indirect commercial advantage, dispose
    of, or authorize the disposal of, the possession of that
    phonorecord or computer program (including any tape, disk, or other
    medium embodying such program) by rental, lease, or lending, or by
    any other act or practice in the nature of rental, lease, or
    lending. Nothing in the preceding sentence shall apply to the
    rental, lease, or lending of a phonorecord for nonprofit purposes
    by a nonprofit library or nonprofit educational institution. The
    transfer of possession of a lawfully made copy of a computer
    program by a nonprofit educational institution to another nonprofit
    educational institution or to faculty, staff, and students does not
    constitute rental, lease, or lending for direct or indirect
    commercial purposes under this subsection.
      (B) This subsection does not apply to - 
        (i) a computer program which is embodied in a machine or
      product and which cannot be copied during the ordinary operation
      or use of the machine or product; or
        (ii) a computer program embodied in or used in conjunction with
      a limited purpose computer that is designed for playing video
      games and may be designed for other purposes.

      (C) Nothing in this subsection affects any provision of chapter 9
    of this title.
      (2)(A) Nothing in this subsection shall apply to the lending of a
    computer program for nonprofit purposes by a nonprofit library, if
    each copy of a computer program which is lent by such library has
    affixed to the packaging containing the program a warning of
    copyright in accordance with requirements that the Register of
    Copyrights shall prescribe by regulation.
      (B) Not later than three years after the date of the enactment of
    the Computer Software Rental Amendments Act of 1990, and at such
    times thereafter as the Register of Copyrights considers
    appropriate, the Register of Copyrights, after consultation with
    representatives of copyright owners and librarians, shall submit to
    the Congress a report stating whether this paragraph has achieved
    its intended purpose of maintaining the integrity of the copyright
    system while providing nonprofit libraries the capability to
    fulfill their function. Such report shall advise the Congress as to
    any information or recommendations that the Register of Copyrights
    considers necessary to carry out the purposes of this subsection.
      (3) Nothing in this subsection shall affect any provision of the
    antitrust laws. For purposes of the preceding sentence, "antitrust
    laws" has the meaning given that term in the first section of the
    Clayton Act and includes section 5 of the Federal Trade Commission
    Act to the extent that section relates to unfair methods of
    competition.
      (4) Any person who distributes a phonorecord or a copy of a
    computer program (including any tape, disk, or other medium
    embodying such program) in violation of paragraph (1) is an
    infringer of copyright under section 501 of this title and is
    subject to the remedies set forth in sections 502, 503, 504, and
    505. Such violation shall not be a criminal offense under section
    506 or cause such person to be subject to the criminal penalties
    set forth in section 2319 of title 18.
      (c) Notwithstanding the provisions of section 106(5), the owner
    of a particular copy lawfully made under this title, or any person
    authorized by such owner, is entitled, without the authority of the
    copyright owner, to display that copy publicly, either directly or
    by the projection of no more than one image at a time, to viewers
    present at the place where the copy is located.
      (d) The privileges prescribed by subsections (a) and (c) do not,
    unless authorized by the copyright owner, extend to any person who
    has acquired possession of the copy or phonorecord from the
    copyright owner, by rental, lease, loan, or otherwise, without
    acquiring ownership of it.
      (e) Notwithstanding the provisions of sections 106(4) and 106(5),
    in the case of an electronic audiovisual game intended for use in
    coin-operated equipment, the owner of a particular copy of such a
    game lawfully made under this title, is entitled, without the
    authority of the copyright owner of the game, to publicly perform
    or display that game in coin-operated equipment, except that this
    subsection shall not apply to any work of authorship embodied in
    the audiovisual game if the copyright owner of the electronic
    audiovisual game is not also the copyright owner of the work of
    authorship.