The US code

What is the US Code exactly?
Well here's the definition from the web site of the law school at cornell university:

"Federal statutes enacted by Congress and signed by the President (or passed over the President's veto) are compiled into the United States Code (U.S.C.)."

It's not the constitution but rather a list of all our laws. Obviously it has just as much of an effect as the constitution.


§ 106. Exclusive rights in copyrighted works

Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.


§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole
(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


Section 107 was emailed to me by Derek Balling . I have to say thank you to him because this section is what caused me to be able to re-post my clips. Here is an interpretation of these sections of the US code:

Section 106 states that exclusive rights to display audiovisual work publicly (such as the internet) are given to whoever copyrighted the work. However, section 107 states, "Notwithstanding the provisions of sections 106 and 106A..." This means that as long as whatever is done is within the boundries of section 107, then whatever is said in 106 and 106A is void. The definitions of "notwithstanding" are "without being prevented or obstructed by" and "in spite of that." Put either of these phrases in place of "notwithstanding" and it is obvious that I am right in this situation. My site simply provides the clips as both commentary and criticism. No profit is involved here, just hits to a web page.

If anyone is doubting the validity of this excerpt of the US code, please visit http://www.law.cornell.edu/uscode/17/107.html, a library, or a law firm. If anyone has any OTHER information regarding the US code that might help or negate what is posted here, please feel free to email it to me.

One final concern... I'm not sure what the difference between a trademark and a copyright is, so if anyone could tell me if there is a difference and if it changes anything, please email me.


(C)1997-98 distant productions
thericky@usa.net

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