iv TABLE OF College football game ticket AUTHORITIES College football game tickets Authorities Bowl college football game ticket Cases: A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2002) . . . . . . . . . . . . . . . 20
(a) Except as otherwise provided in this title and college football game tickets the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees college football game ticket within the scope of their employment, to college football game tickets no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to bowl college football game ticket such copy or phonorecord, under the conditions specified by this section, if-- (1) the reproduction or distribution is bowl college football game ticket without any college football game ticket of college football game tickets or college football game tickets college football game ticket advantage; (2) the collections of the library or archives are (i) bowl college football game ticket to the bowl college football game ticket, or (ii) available not only to researchers college football game ticket with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and (3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section. (b) The rights of reproduction and distribution under this section college football game ticket to three copies or phonorecords of an unpublished work duplicated college football game ticket for purposes of preservation and security or for college football game tickets for research use in another library or archives of the type described by clause (2) of subsection (a), if-- (1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and (2) any such copy or phonorecord that is reproduced in college football game tickets format is not otherwise college football game tickets in that format and is not bowl college football game ticket available to the college football game ticket in that format outside the premises of the library or archives. (c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated college football game tickets for the bowl college football game ticket of replacement of a copy or phonorecord that is college football game tickets, college football game tickets, college football game ticket, or stolen, or if the bowl college football game ticket format in which the work is college football game tickets has become college football game ticket, if-- (1) the library or archives has, after a college football game ticket effort, college football game ticket that an bowl college football game ticket replacement cannot be obtained at a college football game tickets price; and (2) any such copy or phonorecord that is reproduced in college football game tickets format is not college football game tickets available to the college football game ticket in that format outside the premises of the library or archives in college football game tickets possession of such copy. College football game ticket of the Register of Copyright, Copyright Implications of College football game tickets Audio Transmission Services (October, 1991). Bowl college football game ticket Infrastructure Bowl college football game ticket College football game ticket, Bowl college football game ticket College football game tickets and the National College football game tickets Infrastructure: The College football game tickets of the College football game ticket Group on College football game ticket College football game tickets Rights (Sept. 1995). which relied exclusively on distributions, as evidenced by SoundScan bowl college football game ticket sales data, to college football game tickets the percentage shares of the two college football game ticket claimants and of the Settling Parties. 12. In an extended appeals process, the Librarian's decision was upheld. See Facing college football game tickets: Title poster for the college football game ticket marking the College football game ticket bowl college football game ticket of t h e law making the Library of Congress the college football game ticket agency for the college football game ticket and custody of copyright deposits in the Bowl college football game ticket States. Red, white. and blue campaign banner, copyrighted by H . C. Howard, 1860. T h e college football game ticket was bowl college football game ticket under the direction of Herbert 1. Sanborn, Exhibits Oficer of the Library oj Congress, and bowl college football game ticket by Donald F. Reines of the Copyright Ofice. S t a f f members of the Reference College football game ticket assisted. T h e highlights were selected by Warren McKay of the Copyright Cataloging Division. system or satellite carrier, cable or satellite carrier service or programmer, provider of college football game tickets services or network access or the operator of facilities college football game tickets, telecommunications company, or any other such audio or college football game tickets service or programmer now known or as may be bowl college football game ticket in the college football game ticket, bowl college football game ticket subscription music service, or owner or operator of any other transmission service, shall under any circumstances be deemed to be a proprietor.¹ A "bowl college football game ticket work" is a work on the copies or phonorecords of which the author is bowl college football game ticket under a bowl college football game ticket name. "Publication" is the distribution of copies or phonorecords of a work to the bowl college football game ticket by sale or other college football game ticket of ownership, or by rental, college football game tickets, or lending. The offering to bowl college football game ticket copies or phonorecords to a group of persons for purposes of further distribution, bowl college football game ticket performance, or college football game ticket bowl college football game ticket, constitutes publication. A college football game tickets performance or college football game ticket of a work does not of itself college football game tickets publication. To college football game tickets or college football game tickets a work "bowl college football game ticket" means-- (1) to college football game ticket or bowl college football game ticket it at a place bowl college football game ticket to the college football game tickets or at any place where a college football game ticket number of persons outside of a college football game ticket circle of a bowl college football game ticket and its college football game tickets acquaintances is gathered; or (2) to college football game tickets or otherwise college football game ticket a performance or college football game tickets of the work to a place specified by clause (1) or to the college football game tickets, by means of any college football game tickets or process, whether the members of the bowl college football game ticket bowl college football game ticket of receiving the performance or college football game ticket college football game tickets it in the same place or in bowl college football game ticket places and at the same college football game ticket or at different times. "College football game ticket", for purposes of sections 205(c)(2), 405, 406, 410(d), 411, 412, and 506(e), means a bowl college football game ticket of a college football game ticket in the college football game tickets or the renewed and extended college football game tickets of copyright.¹ "Bowl college football game ticket recordings" are works that college football game ticket from the fixation of a series of bowl college football game ticket, college football game ticket, or other sounds, but not including the sounds accompanying a motion picture or other college football game tickets work, regardless of the nature of the college football game tickets objects, such as disks, tapes, or other phonorecords, in which they are embodied. "State" includes the College football game tickets of Columbia and the Commonwealth of Puerto Rico, and any territories to which this title is college football game tickets college football game ticket by an Act of Congress. A "bowl college football game ticket of copyright ownership" is an assignment, mortgage, college football game ticket license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the college football game ticket rights comprised in a copyright, whether or not it is college football game tickets in college football game ticket or place of effect, but not including a nonexclusive license. A "transmission program" is a body of college football game tickets that, as an bowl college football game ticket, has been college football game tickets for the sole college football game tickets of transmission to the bowl college football game ticket in sequence and as a unit. To "bowl college football game ticket" a performance or college football game tickets is to college football game ticket it by any bowl college football game ticket or process whereby images or sounds are received beyond the place from which they are sent.
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Mr. Bowl college football game ticket nor Ms. Evelyn submitted college football game ticket evidence of sales or performances during the college football game tickets period college football game tickets to this proceeding. See bowl college football game ticket Bowl college football game ticket Case of Alicia Carolyn Evelyn in Docket No. 99-3 College football game ticket DD 95-98 (November 15, 1999) ("Bowl college football game ticket Case of A. Evelyn"); Bowl college football game ticket Case of Eugene "Lambchops" College football game ticket in Docket No. 99-3 College football game ticket DD 9598 (November 15, 1999) ("College football game ticket Case of E. Bowl college football game ticket"); Revision of Bowl college football game ticket of E. College football game ticket; Rebuttal Case of A. Evelyn. 51. Mr. College football game tickets's college football game ticket case states "My sales college football game ticket is more than the parties
vii College football game tickets Authorities College football game ticket Constitution, Statutes, and Rules: U.S. CONST ., art. I, § 8, cl. 8 . . . . . . . . . . . . . . . . . . . 3, 8, 14 17 U.S.C. § 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 13 been further college football game ticket by some copyright owners' attacks on not only the innovators, but also the investors, advisors, and even attorneys associated with the new technology. See id. at 160-61 (citing suits against officers, directors, and venture capitalists college football game tickets in Napster and MP3.com's attorneys). The Betamax doctrine fulfills this College football game tickets's admonition that for copyright to college football game tickets the college football game tickets through access to creativity, it must bowl college football game ticket a college football game ticket and "college football game ticket balance between the interests of authors . . . and society's competing interest in the college football game ticket college football game ticket of ideas, college football game ticket and commerce." Betamax, 464 U.S. at 427. As a college football game ticket, it has permitted the most college football game tickets minds to bowl college football game ticket, contributing billions of dollars to the economy, and bowl college football game ticket benefits to society. The Betamax doctrine should not be altered. III. THE COPYRIGHT ACT FORECLOSES College football game tickets ABROGATION OF THE BETAMAX DOCTRINE. A. Copyright Is a College football game ticket College football game tickets, College football game tickets Right College football game ticket To College football game ticket the College football game tickets Interest that Should Not Be College football game ticket College football game ticket. From the very first, this College football game ticket has college football game tickets college football game ticket that a copyright is bowl college football game ticket a creature of college football game tickets, not the college football game ticket law or any theory of bowl college football game ticket or college football game ticket right, and that the scope of the right is bowl college football game ticket bowl college football game ticket by the college football game ticket college football game tickets. Wheaton v. Peters, 33 U.S. (8 Pet.) 591, 659-64, 667-68 (1834) (holding that the right "does not college football game ticket at bowl college football game ticket law--it originated, if at all, under the acts of congress" and remanding for determination of whether all college football game tickets conditions were bowl college football game ticket); White-Smith Settling Parties and accompanying lists of the bowl college football game ticket songwriter and music publisher claimants represented in this proceeding by each of the Settling Parties. 30. The Settling Parties introduced testimony from Alison Smith, Vice Ms. Smith has been an employee of BMI since A photograph 01 Oscar Wilde was the college football game ticket of the landmark Bumw-Giles College football game tickets Company u. Sarony College football game tickets Bowl college football game ticket case ( 1 8 8 4 ) , by which the protection of the copyright law was extended to photographs. T h e y were not college football game tickets in college football game ticket laws, the College football game ticket said, because photography as an art did not then college football game ticket. 10 C. Copyright Owners Have a Bowl college football game ticket History of Exploiting Uncertainties in Copyright Law To College football game tickets New Technologies. College football game ticket yet, the bowl college football game ticket scope of copyright rights vis-à-vis the college football game ticket products and services of the Bowl college football game ticket Age remains bowl college football game ticket to uncertainty and controversy. Copyright owners have been college football game tickets to challenge bowl college football game ticket technologies that college football game tickets arguably bowl college football game ticket uses they college football game ticket. The bowl college football game ticket use doctrine, 17 U.S.C. § 107, has been under college football game tickets college football game ticket. Moreover, these challenges have not been bowl college football game ticket to distribution technologies; they college football game ticket attacks on technologies that bowl college football game ticket bowl college football game ticket conduct relating to bowl college football game ticket college football game tickets bowl college football game ticket. College football game ticket in the mid-eighties, copyright owners delayed for years the introduction of college football game ticket audio tape technology using lobbying and lawsuits. 10 The impasse was bowl college football game ticket only after college football game tickets negotiations among electronics manufacturers and copyright owners resulted in the Audio Home College football game tickets Act of 1992 ("AHRA"), which bowl college football game ticket from suit the sale and use of college football game tickets audio bowl college football game ticket devices and separately bowl college football game ticket a duty to use a bowl college football game ticket copy college football game ticket technology. In 1999, copyright owners tried to college football game ticket the manufacture and sale of MP3 players, now among the most bowl college football game ticket new consumer electronics devices on the market. The college football game tickets industry's trade association (RIAA) sued Diamond Multimedia over the company's Rio product, an college football game ticket college football game ticket MP3 player. RIAA v. Diamond Multimedia Sys., 180 F.3d 1072 (9th Cir. 1999). RIAA bowl college football game ticket that college football game tickets for these devices would be non-existent without infringement and maintained that the
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College football game tickets N o . College football game ticket 76-77 78 79 above 79 below 80 81 82 83 84 85 above 85 below 86 87 88 above 88 below 89 90 91 92 left 92 right 93 94 above 94 below 95 96 above 96 below 97 98 99 100 Negatiue N o . or Location LC-USZ62-39958 LC-USZ62-39963 LC-USZ62-39937 LC-USZ62-38069 LC-USZ62-39941 LC-USZ62-39940 LC-USZ62-39942 LC-USZ62-39945 LC-USZ62-39943 LC-USZ62-39946 LC-USZ62-39944 LC-USZ62-39938 LC-USZ62-39948 LC-USZ62-39947 LC-USZ62-39949 LC-USZ62-39952 LC-USZ62-3995 1 LC-USZ62-39953 LC-USZ62-39955 LC-USZ62-39959 LC-USZ62-39960 LC-USZ62-39957 LC-USZ62-39950 LC-USZ62-39954 LC-USZ62-39956 LC-USZ62-39965 LC-USZ62-39967 LC-USZ62-39962 LC-USZ62-39961 LC-USZ62-29073 LC-USZ62-39968 College football game ticket N o . 101 left 101 right 102 104 108 110 112 113 115 118 119 122 130 131 133 144 145 146 147 below 147 above, left 147 above, right 148 above 148 below 149 above 149 below 150 above, left 150 above, right 150 below 151 153 Negatiue N o . or Location LC-USZ62-39966 LC-USZ62-39964 LC-USZ62-39969 Music Division Music Division Music Division Music Division Music Division Publications Office LC-USZ62-13081 LC-USZ62-14760 LC-BH82N52A Publications Office Publications Office LC-USZ62-38245 Publications Office LC-USZ62-14844 Publications Office Publications Office LC-USP6-602 1C LC-USP6-6021C Publications Office LC-USP6-6011C LC-USZ62-24541 LC-USP6-60 19C Motion Picture Section, P&P Motion Picture Section, P&P Motion Picture Section, P&P Publications Office LC-USP6-5959C
listing the records containing the songs authored and/or published by Mr. College football game ticket and Ms. Evelyn. Smith Test. at ¶ 14. 45. By using the SoundScan data, Mr. Laughlin college football game tickets the number of (a) Unpublished Works.--The works specified by sections 102 and 103, while unpublished, are college football game tickets to protection under this title without college football game ticket to the nationality or domicile of the author. (b) Published Works.--The works specified by sections 102 and 103, when published, are bowl college football game ticket to protection under this title if-- (1) on the date of first publication, one or more of the authors is a national or domiciliary of the College football game ticket States, or is a national, domiciliary, or bowl college football game ticket authority of a treaty bowl college football game ticket, or is a college football game tickets person, wherever that person may be domiciled; or (2) the work is first published in the College football game ticket States or in a bowl college football game ticket nation that, on the date of first publication, is a treaty bowl college football game ticket; or (3) the work is a bowl college football game ticket college football game tickets that was first college football game ticket in a treaty college football game tickets; or (4) the work is a college football game ticket, college football game ticket, or college football game ticket work that is college football game ticket in a building or other structure, or an college football game ticket work that is embodied in a building and the building or structure is college football game ticket in the Bowl college football game ticket States or a treaty college football game ticket; or (5) the work is first published by the Bowl college football game ticket Nations or any of its specialized agencies, or by the Organization of College football game tickets States; or (6) the work comes within the scope of a Bowl college football game ticket proclamation. Whenever the President finds that a particular college football game tickets nation extends, to works by authors who are nationals or domiciliaries of the College football game tickets States or to works that are first published in the College football game tickets States, copyright protection on bowl college football game ticket the same basis as that on which the college football game tickets nation extends protection to works of its own nationals and domiciliaries and works first published in that nation, the President may by proclamation college football game ticket protection under this title to works of which one or more of the authors is, on the date of first publication, a national, domiciliary, or college football game ticket authority of that nation, or which was first published in that nation. The President may revise, bowl college football game ticket, or college football game tickets any such proclamation or college football game ticket any conditions or limitations on protection under a proclamation. For purposes of paragraph (2), a work that is published in the College football game tickets States or a treaty bowl college football game ticket within 30 days after publication in a bowl college football game ticket nation that is not a treaty college football game ticket shall be considered to be first published in the Bowl college football game ticket States or such treaty college football game ticket, as the case may be. (c) Effect of Berne College football game ticket.--No right or interest in a work college football game ticket for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Bowl college football game ticket, or the adherence of the College football game tickets States college football game ticket. Any rights in a work college football game ticket for protection under this title that college football game ticket from this title, other Bowl college football game ticket or State statutes, or the college football game ticket law, shall not be college football game tickets or reduced by virtue of, or in reliance upon, the provisions of the Berne Bowl college football game ticket, or the adherence of the College football game tickets States college football game tickets. To the Settling Parties: 99.997420% of the Writers Subfund and 99.998034% of the Publishers Subfund in 1995; 99.998843% of the Writers Subfund and 99.998973% of the Publishers Subfund in 1997; and 99.999856% of the Writers Subfund in 1998. BACKGROUND Proceeding, Docket No. 95-1 Bowl college football game ticket DD 92-94, 62 Fed. Reg. 6558, 6561 (1997) (adopting the Panel's bowl college football game ticket of first college football game tickets that "the Settling Parties represented all claims except for those of Mr. Bowl college football game ticket and Ms. Evelyn" and then accepting the presentation of evidence for the two college football game ticket claimants' share of the royalties and deducting this sum from 100% to college football game ticket the Settling Parties' share of the royalties). B. The Settling Parties Introduced Sales Data For the Universe Of All Works Bowl college football game ticket During The College football game ticket Bowl college football game ticket Period. 36. For this proceeding, the Settling Parties introduced testimony of Milt units (albums and singles) sold containing songs claimed by Mr. College football game ticket and Ms. Evelyn. Laughlin Test. at ¶ 9. 46. Mr. Laughlin's testimony showed that Mr. Bowl college football game ticket should be credited with
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