Other exempted uses

• Author: Robert A. Gorman
• Profession: University of Virginia School of Law
• Pages: 92

Section 112 gives persons entitled to make certain public performances or displays, pursuant to contract or statutory provisions, the additional right to make an "ephemeral recording" of the copyrighted work simply for the purpose of facilitating the performance or display, provided the recordings are promptly thereafter destroyed.

Section 113, as already discussed,141 allows certain uses of pictorial, graphic, and sculptural works, particularly as they relate to useful articles. Section 114, as already discussed,142 reiterates the exclusive right of the copyright owner to reproduce (by direct dubbing) the sounds of a sound recording, but expressly provides that an independently fixed imitation of those sounds will not constitute an infringement; nor will a public performance of the sound recording, for example by playing it in a radio broadcast.

Section 117 exempts certain reproductions of computer programs that would otherwise violate section 106(1) or (2). The "owner" of a computer program (e.g., one who purchases the program for use in one's home or business) may make a copy or adaptation of the program for "archival purposes" (as a safeguard against damage or destruction) or when...