§ 112. — Limitations on exclusive rights: Ephemeral recordings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC112]
TITLE 17--COPYRIGHTS
CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec. 112. Limitations on exclusive rights: Ephemeral recordings
(a)(1) Notwithstanding the provisions of section 106, and except in
the case of a motion picture or other audiovisual work, it is not an
infringement of copyright for a transmitting organization entitled to
transmit to the public a performance or display of a work, under a
license, including a statutory license under section 114(f), or transfer
of the copyright or under the limitations on exclusive rights in sound
recordings specified by section 114(a), or for a transmitting
organization that is a broadcast radio or television station licensed as
such by the Federal Communications Commission and that makes a broadcast
transmission of a performance of a sound recording in a digital format
on a nonsubscription basis, to make no more than one copy or phonorecord
of a particular transmission program embodying the performance or
display, if--
(A) the copy or phonorecord is retained and used solely by the
transmitting organization that made it, and no further copies or
phonorecords are reproduced from it; and
(B) the copy or phonorecord is used solely for the transmitting
organization's own transmissions within its local service area, or
for purposes of archival preservation or security; and
(C) unless preserved exclusively for archival purposes, the copy
or phonorecord is destroyed within six months from the date the
transmission program was first transmitted to the public.
(2) In a case in which a transmitting organization entitled to make
a copy or phonorecord under paragraph (1) in connection with the
transmission to the public of a performance or display of a work is
prevented from making such copy or phonorecord by reason of the
application by the copyright owner of technical measures that prevent
the reproduction of the work, the copyright owner shall make available
to the transmitting organization the necessary means for permitting the
making of such copy or phonorecord as permitted under that paragraph, if
it is technologically feasible and economically reasonable for the
copyright owner to do so. If the copyright owner fails to do so in a
timely manner in light of the transmitting organization's reasonable
business requirements, the transmitting organization shall not be liable
for a violation of section 1201(a)(1) of this title for engaging in such
activities as are necessary to make such copies or phonorecords as
permitted under paragraph (1) of this subsection.
(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.
(c) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for a governmental body or other nonprofit
organization to make for distribution no more than one copy or
phonorecord, for each transmitting organization specified in clause (2)
of this subsection, of a particular transmission program embodying a
performance of a nondramatic musical work of a religious nature, or of a
sound recording of such a musical work, if--
(1) there is no direct or indirect charge for making or
distributing any such copies or phonorecords; and
(2) none of such copies or phonorecords is used for any
performance other than a single transmission to the public by a
transmitting organization entitled to transmit to the public a
performance of the work under a license or transfer of the
copyright; and
(3) except for one copy or phonorecord that may be preserved
exclusively for archival purposes, the copies or phonorecords are
all destroyed within one year from the date the transmission program
was first transmitted to the public.
(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.
(e) Statutory License.--(1) A transmitting organization entitled to
transmit to the public a performance of a sound recording under the
limitation on exclusive rights specified by section 114(d)(1)(C)(iv) or
under a statutory license in accordance with section 114(f) is entitled
to a statutory license, under the conditions specified by this
subsection, to make no more than 1 phonorecord of the sound recording
(unless the terms and conditions of the statutory license allow for
more), if the following conditions are satisfied:
(A) The phonorecord is retained and used solely by the
transmitting organization that made it, and no further phonorecords
are reproduced from it.
(B) The phonorecord is used solely for the transmitting
organization's own transmissions originating in the United States
under a statutory license in accordance with section 114(f) or the
limitation on exclusive rights specified by section
114(d)(1)(C)(iv).
(C) Unless preserved exclusively for purposes of archival
preservation, the phonorecord is destroyed within 6 months from the
date the sound recording was first transmitted to the public using
the phonorecord.
(D) Phonorecords of the sound recording have been distributed to
the public under the authority of the copyright owner or the
copyright owner authorizes the transmitting entity to transmit the
sound recording, and the transmitting entity makes the phonorecord
under this subsection from a phonorecord lawfully made and acquired
under the authority of the copyright owner.
(2) Notwithstanding any provision of the antitrust laws, any
copyright owners of sound recordings and any transmitting organizations
entitled to a statutory license under this subsection may negotiate and
agree upon royalty rates and license terms and conditions for making
phonorecords of such sound recordings under this section and the
proportionate division of fees paid among copyright owners, and may
designate common agents to negotiate, agree to, pay, or receive such
royalty payments.
(3) No later than 30 days after the date of the enactment of the
Digital Millennium Copyright Act, the Librarian of Congress shall cause
notice to be published in the Federal Register of the initiation of
voluntary negotiation proceedings for the purpose of determining
reasonable terms and rates of royalty payments for the activities
specified by paragraph (1) of this subsection during the period
beginning on the date of the enactment of such Act and ending on
December 31, 2000, or such other date as the parties may agree. Such
rates shall include a minimum fee for each type of service offered by
transmitting organizations. Any copyright owners of sound recordings or
any transmitting organizations entitled to a statutory license under
this subsection may submit to the Librarian of Congress licenses
covering such activities with respect to such sound recordings. The
parties to each negotiation proceeding shall bear their own costs.
(4) In the absence of license agreements negotiated under paragraph
(2), during the 60-day period commencing 6 months after publication of
the notice specified in paragraph (3), and upon the filing of a petition
in accordance with section 803(a)(1), the Librarian of Congress shall,
pursuant to chapter 8, convene a copyright arbitration royalty panel to
determine and publish in the Federal Register a schedule of reasonable
rates and terms which, subject to paragraph (5), shall be binding on all
copyright owners of sound recordings and transmitting organizations
entitled to a statutory license under this subsection during the period
beginning on the date of the enactment of the Digital Millennium
Copyright Act and ending on December 31, 2000, or such other date as the
parties may agree. Such rates shall include a minimum fee for each type
of service offered by transmitting organizations. The copyright
arbitration royalty panel shall establish rates that most clearly
represent the fees that would have been negotiated in the marketplace
between a willing buyer and a willing seller. In determining such rates
and terms, the copyright arbitration royalty panel shall base its
decision on economic, competitive, and programming information presented
by the parties, including--
(A) whether use of the service may substitute for or may promote
the sales of phonorecords or otherwise interferes with or enhances
the copyright owner's traditional streams of revenue; and
(B) the relative roles of the copyright owner and the
transmitting organization in the copyrighted work and the service
made available to the public with respect to relative creative
contribution, technological contribution, capital investment, cost,
and risk.
In establishing such rates and terms, the copyright arbitration royalty
panel may consider the rates and terms under voluntary license
agreements negotiated as provided in paragraphs (2) and (3). The
Librarian of Congress shall also establish requirements by which
copyright owners may receive reasonable notice of the use of their sound
recordings under this section, and under which records of such use shall
be kept and made available by transmitting organizations entitled to
obtain a statutory license under this subsection.
(5) License agreements voluntarily negotiated at any time between 1
or more copyright owners of sound recordings and 1 or more transmitting
organizations entitled to obtain a statutory license under this
subsection shall be given effect in lieu of any determination by a
copyright arbitration royalty panel or decision by the Librarian of
Congress.
(6) Publication of a notice of the initiation of voluntary
negotiation proceedings as specified in paragraph (3) shall be repeated,
in accordance with regulations that the Librarian of Congress shall
prescribe, in the first week of January 2000, and at 2-year intervals
thereafter, except to the extent that different years for the repeating
of such proceedings may be determined in accordance with paragraph (3).
The procedures specified in paragraph (4) shall be repeated, in
accordance with regulations that the Librarian of Congress shall
prescribe, upon filing of a petition in accordance with section
803(a)(1), during a 60-day period commencing on July 1, 2000, and at 2-
year intervals thereafter, except to the extent that different years for
the repeating of such proceedings may be determined in accordance with
paragraph (3). The procedures specified in paragraph (4) shall be
concluded in accordance with section 802.
(7)(A) Any person who wishes to make a phonorecord of a sound
recording under a statutory license in accordance with this subsection
may do so without infringing the exclusive right of the copyright owner
of the sound recording under section 106(1)--
(i) by complying with such notice requirements as the Librarian
of Congress shall prescribe by regulation and by paying royalty fees
in accordance with this subsection; or
(ii) if such royalty fees have not been set, by agreeing to pay
such royalty fees as shall be determined in accordance with this
subsection.
(B) Any royalty payments in arrears shall be made on or before the
20th day of the month next succeeding the month in which the royalty
fees are set.
(8) If a transmitting organization entitled to make a phonorecord
under this subsection is prevented from making such phonorecord by
reason of the application by the copyright owner of technical measures
that prevent the reproduction of the sound recording, the copyright
owner shall make available to the transmitting organization the
necessary means for permitting the making of such phonorecord as
permitted under this subsection, if it is technologically feasible and
economically reasonable for the copyright owner to do so. If the
copyright owner fails to do so in a timely manner in light of the
transmitting organization's reasonable business requirements, the
transmitting organization shall not be liable for a violation of section
1201(a)(1) of this title for engaging in such activities as are
necessary to make such phonorecords as permitted under this subsection.
(9) Nothing in this subsection annuls, limits, impairs, or otherwise
affects in any way the existence or value of any of the exclusive rights
of the copyright owners in a sound recording, except as otherwise
provided in this subsection, or in a musical work, including the
exclusive rights to reproduce and distribute a sound recording or
musical work, including by means of a digital phonorecord delivery,
under sections 106(1), 106(3), and 115, and the right to perform
publicly a sound recording or musical work, including by means of a
digital audio transmission, under sections 106(4) and 106(6).
(f)(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).
(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).
(g) The transmission program embodied in a copy or phonorecord made
under this section is not subject to protection as a derivative work
under this title except with the express consent of the owners of
copyright in the preexisting works employed in the program.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2558; Pub.
L. 105-304, title IV, Secs. 402, 405(b), Oct. 28, 1998, 112 Stat. 2888,
2899; Pub. L. 106-44, Sec. 1(b), Aug. 5, 1999, 113 Stat. 221; Pub. L.
107-273, div. C, title III, Sec. 13301(c)(1), Nov. 2, 2002, 116 Stat.
1912.)
Historical and Revision Notes
house report no. 94-1476
Section 112 of the bill concerns itself with a special problem that
is not dealt with in the present statutes but is the subject of
provisions in a number of foreign statutes and in the revisions of the
Berne Convention since 1948. This is the problem of what are commonly
called ``ephemeral recordings'': copies or phonorecords of a work made
for purposes of later transmission by a broadcasting organization
legally entitled to transmit the work. In other words, where a
broadcaster has the privilege of performing or displaying a work either
because he is licensed or because the performance or display is exempted
under the statute, the question is whether he should be given the
additional privilege of recording the performance or display to
facilitate its transmission. The need for a limited exemption in these
cases because of the practical exigencies of broadcasting has been
generally recognized, but the scope of the exemption has been a
controversial issue.
Recordings for Licensed Transmissions. Under subsection (a) of
section 112, an organization that has acquired the right to transmit any
work (other than a motion picture or other audiovisual work), or that is
free to transmit a sound recording under section 114, may make a single
copy or phonorecord of a particular program embodying the work, if the
copy or phonorecord is used solely for the organization's own
transmissions within its own area; after 6 months it must be destroyed
or preserved solely for archival purposes.
Organizations Covered.--The ephemeral recording privilege is given
by subsection (a) to ``a transmitting organization entitled to transmit
to the public a performance or display of a work.'' Assuming that the
transmission meets the other conditions of the provision, it makes no
difference what type of public transmission the organization is making:
commercial radio and television broadcasts, public radio and television
broadcasts not exempted by section 110(2), pay-TV, closed circuit,
background music, and so forth. However, to come within the scope of
subsection (a), the organization must have the right to make the
transmission ``under a license or transfer of the copyright or under the
limitations on exclusive rights in sound recordings specified by section
114(a).'' Thus, except in the case of copyrighted sound recordings
(which have no exclusive performing rights under the bill), the
organization must be a transferee or licensee (including compulsory
licensee) of performing rights in the work in order to make an ephemeral
recording of it.
Some concern has been expressed by authors and publishers lest the
term ``organization'' be construed to include a number of affiliated
broadcasters who could exchange the recording without restrictions. The
term is intended to cover a broadcasting network, or a local broadcaster
or individual transmitter; but, under clauses (1) and (2) of the
subsection, the ephemeral recording must be ``retained and used solely
by the transmitting organization that made it,'' and must be used solely
for that organization's own transmissions within its own area. Thus, an
ephemeral recording made by one transmitter, whether it be a network or
local broadcaster, could not be made available for use by another
transmitter. Likewise, this subsection does not apply to those
nonsimultaneous transmissions by cable systems not located within a
boundary of the forty-eight contiguous States that are granted a
compulsory license under section 111.
Scope of the Privilege.--Subsection (a) permits the transmitting
organization to make ``no more than one copy or phonorecord of a
particular transmission program embodying the performance or display.''
A ``transmission program'' is defined in section 101 as a body of
material produced for the sole purpose of transmission as a unit. Thus,
under section 112(a), a transmitter could make only one copy or
phonorecord of a particular ``transmission program'' containing a
copyrighted work, but would not be limited as to the number of times the
work itself could be duplicated as part of other ``transmission
programs.''
Three specific limitations on the scope of the ephemeral recording
privilege are set out in subsection (a), and unless all are met the
making of an ``ephemeral recording'' becomes fully actionable as an
infringement. The first requires that the copy or phonorecord be
``retained and used solely by the transmitting organization that made
it,'' and that ``no further copies or phonorecords are reproduced from
it.'' This means that a transmitting organization would have no
privilege of exchanging ephemeral recordings with other transmitters or
of allowing them to duplicate their own ephemeral recordings from the
copy or phonorecord it has made. There is nothing in the provision to
prevent a transmitting organization from having an ephemeral recording
made by means of facilities other than its own, although it would not be
permissible for a person or organization other than a transmitting
organization to make a recording on its own initiative for possible sale
or lease to a broadcaster. The ephemeral recording privilege would
extend to copies or phonorecords made in advance for later broadcast, as
well as recordings of a program that are made while it is being
transmitted and are intended for deferred transmission or preservation.
Clause (2) of section 112(a) provides that, to be exempt from
copyright, the copy or phonorecord must be ``used solely for the
transmitting organization's own transmissions within its local service
area, or for purposes of archival preservation or security''. The term
``local service area'' is defined in section 111(f).
Clause (3) of section 112(a) provides that, unless preserved
exclusively for archival purposes, the copy or phonorecord of a
transmission program must be destroyed within six months from the date
the transmission program was first transmitted to the public.
Recordings for Instructional Transmissions. Section 112(b)
represents a response to the arguments of instructional broadcasters and
other educational groups for special recording privileges, although it
does not go as far as these groups requested. In general, it permits a
nonprofit organization that is free 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 not more
than thirty copies or phonorecords and to use the ephemeral recordings
for transmitting purposes for not more than seven years after the
initial transmission.
Organizations Covered.--The privilege of making ephemeral recordings
under section 112(b) extends to 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).'' Aside from phonorecords
of copyrighted sound recordings, the ephemeral recordings made by an
instructional broadcaster under subsection (b) must embody a performance
or display that meets all of the qualifications for exemption under
section 110(2). Copies or phonorecords made for educational broadcasts
of a general cultural nature, or for transmission as part of an
information storage and retrieval system, would not be exempted from
copyright protection under section 112(b).
Motion Pictures and Other Audiovisual Works.--Since the performance
exemption provided by section 110(2) applies only to nondramatic
literary and musical works, there was no need to exclude motion pictures
and other audiovisual works explicitly from the scope of section 112(b).
Another point stressed by the producers of educational films in this
connection, however, was that ephemeral recordings made by instructional
broadcasters are in fact audiovisual works that often compete for
exactly the same market. They argued that it is unfair to allow
instructional broadcasters to reproduce multiple copies of films and
tapes, and to exchange them with other broadcasters, without paying any
copyright royalties, thereby directly injuring the market of producers
of audiovisual works who now pay substantial fees to authors for the
same uses. These arguments are persuasive and justify the placing of
reasonable limits on the recording privilege.
Scope of the Privilege.--Under subsection (b) an instructional
broadcaster may make ``no more than thirty copies or phonorecords of a
particular transmission program embodying the performance or display.''
No further copies or phonorecords can be reproduced from those made
under section 112(b), either by the nonprofit organization that made
them or by anyone else.
On the other hand, if the nonprofit organization does nothing
directly or indirectly to authorize, induce, or encourage others to
duplicate additional copies or phonorecords of an ephemeral recording in
excess of the limit of thirty, it would not be held responsible as
participating in the infringement in such a case, and the unauthorized
copies would not be counted against the organization's total of thirty.
Unlike ephemeral recordings made under subsection (a), exchanges of
recordings among instructional broadcasters are permitted. An
organization that has made copies or phonorecords under subsection (b)
may use one of them for purposes of its own transmissions that are
exempted by section 110(2), and it may also transfer the other 29 copies
to other instructional broadcasters for use in the same way.
As in the case of ephemeral recordings made under section 112(a), a
copy or phonorecord made for instructional broadcasting could be reused
in any number of transmissions within the time limits specified in the
provision. Because of the special problems of instructional broadcasters
resulting from the scheduling of courses and the need to prerecord well
in advance of transmission, the period of use has been extended to seven
years from the date the transmission program was first transmitted to
the public.
Religious Broadcasts.--Section 112(c) provides that it is not an
infringement of copyright for certain nonprofit organizations to make no
more than one copy for each transmitting organization of a broadcast
program embodying a performance of a nondramatic musical work of a
religious nature or of a sound recording of such a musical work. In
order for this exception to be applicable there must be no charge for
the distribution of the copies, none of the copies may be used for any
performance other than a single transmission by an organization
possessing a license to transmit a copyrighted work, and, other than for
one copy that may be preserved for archival purposes, the remaining
copies must be destroyed within one year from the date the program was
first transmitted to the public.
Despite objections by music copyright owners, the Committee found
this exemption to be justified by the special circumstances under which
many religious programs are broadcast. These programs are produced on
tape or disk for distribution by mail of one copy only to each broadcast
station carrying the program. None of the programs are prepared for
profit, and the program producer either pays the station to carry the
program or furnishes it free of charge. The stations have performing
licenses, so the copyright owners receive compensation. Following the
performance, the tape is returned or the disk destroyed. It seems likely
that, as has been alleged, to require a second payment for the
mechanical reproduction under these circumstances would simply have the
effect of driving some of the copyrighted music off the air.
Ephemeral Recordings for Transmissions to Handicapped Audiences. As
a counterpart to its amendment of section 110(8), the Committee adopted
a new provision, subsection (d) of section 112, to provide an ephemeral
recording exemption in the case of transmissions to the blind and deaf.
New subsection would permit the making of one recording of a performance
exempted under section 110(8), and its retention for an unlimited
period. It would not permit the making of further reproductions or their
exchange with other organizations.
Copyright Status of Ephemeral Recordings. A program reproduced in an
ephemeral recording made under section 112 in many cases will constitute
a motion picture, a sound recording, or some other kind of derivative
work, and will thus be potentially copyrightable under section 103. In
section 112(e) it is provided that ephemeral recordings are not to be
copyrightable as derivative works except with the consent of the owners
of the copyrighted material employed in them.
References in Text
The antitrust laws, referred to in subsec. (e)(2), are classified
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade.
The date of the enactment of the Digital Millennium Copyright Act,
referred to in subsec. (e)(3), (4), is the date of enactment of Pub. L.
105-304, which was approved Oct. 28, 1998.
Amendments
2002--Subsecs. (f), (g). Pub. L. 107-273 added subsec. (f) and
redesignated former subsec. (f) as (g).
1999--Subsec. (e)(2). Pub. L. 106-44, Sec. 1(b)(1), redesignated
par. (3) as (2).
Subsec. (e)(3). Pub. L. 106-44, Sec. 1(b)(1), (2), redesignated par.
(4) as (3) and substituted ``(1)'' for ``(2)'' in first sentence. Former
par. (3) redesignated (2).
Subsec. (e)(4). Pub. L. 106-44, Sec. 1(b)(1), (3), redesignated par.
(5) as (4), substituted ``(2)'' for ``(3)'', ``(3)'' for ``(4)'', and
``(5)'' for ``(6)'' in first sentence, and substituted ``(2) and (3)''
for ``(3) and (4)'' in penultimate sentence of concluding provisions.
Former par. (4) redesignated (3).
Subsec. (e)(5). Pub. L. 106-44, Sec. 1(b)(1), redesignated par. (6)
as (5). Former par. (5) redesignated (4).
Subsec. (e)(6). Pub. L. 106-44, Sec. 1(b)(1), (4), redesignated par.
(7) as (6), substituted ``(3)'' for ``(4)'' wherever appearing, and
substituted ``(4)'' for ``(5)'' in two places. Former par. (6)
redesignated (5).
Subsec. (e)(7) to (10). Pub. L. 106-44, Sec. 1(b)(1), redesignated
pars. (8) to (10) as (7) to (9), respectively. Former par. (7)
redesignated (6).
1998--Subsec. (a). Pub. L. 105-304, Sec. 402, designated existing
provisions as par. (1), in introductory provisions inserted ``,
including a statutory license under section 114(f),'' after ``under a
license'' and ``or for a transmitting organization that is a broadcast
radio or television station licensed as such by the Federal
Communications Commission and that makes a broadcast transmission of a
performance of a sound recording in a digital format on a
nonsubscription basis,'' after ``114(a),'', redesignated former pars.
(1) to (3) as subpars. (A) to (C), respectively, and added par. (2).
Subsecs. (e), (f). Pub. L. 105-304, Sec. 405(b), added subsec. (e)
and redesignated former subsec. (e) as (f).
Construction of 1998 Amendment
Pub. L. 105-304, title IV, Sec. 405(c), Oct. 28, 1998, 112 Stat.
2902, provided that: ``Nothing in this section [amending this section
and sections 114 and 801 to 803 of this title and enacting provisions
set out as notes under section 114 of this title] or the amendments made
by this section shall affect the scope of section 112(a) of title 17,
United States Code, or the entitlement of any person to an exemption
thereunder.''
Section Referred to in Other Sections
This section is referred to in sections 106, 114, 501, 511, 802, 803
of this title; title 18 section 2319.
