Copyright Limitations
2 U.S.C. 170 – American Television and Radio Archives
(c) Liability for copyright infringement by Librarian or any employee of Librarian.
The Librarian or any employee of the Library who is acting under the authority of this section shall not be liable in any action for copyright infringement committed by any other person unless the Librarian or such employee knowingly participated in the act of infringement committed by such person. Nothing in this section shall be construed to excuse or limit liability under title 17 for any act not authorized by that title or this section, or for any act performed by a person not authorized to act under that title or this section.
Like some other areas of limitations and exceptions under U.S. law, there are areas where acts are not considered an infringement, and areas where the remedies for infringement are limited. In this case, it is a limit on third party liability for infringement.
17 USC Sec. 602
TITLE 17 – COPYRIGHTS
CHAPTER 6 – MANUFACTURING REQUIREMENTS, IMPORTATION, AND EXPORTATION
Sec. 602. Infringing importation or exportation of copies or phonorecords
(2) Importation or exportation of infringing items.— Importation into the United States or exportation from the United States, without the authority of the owner of copyright under this title, of copies or phonorecords, the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable, is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under sections 501 and 506.
(3) Exceptions.— This subsection does not apply to—(A) importation or exportation of copies or phonorecords under the authority or for the use of the Government of the United States or of any State or political subdivision of a State, but not including copies or phonorecords for use in schools, or copies of any audiovisual work imported for purposes other than archival use;
(B) importation or exportation, for the private use of the importer or exporter and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time, or by any person arriving from outside the United States or departing from the United States with respect to copies or phonorecords forming part of such person’s personal baggage; or
(C) importation by or for an organization operated for scholarly, educational, or religious purposes and not for private gain, with respect to no more than one copy of an audiovisual work solely for its archival purposes, and no more than five copies or phonorecords of any other work for its library lending or archival purposes, unless the importation of such copies or phonorecords is part of an activity consisting of systematic reproduction or distribution, engaged in by such organization in violation of the provisions of section 108 (g)(2).
Protected Designs
17 USC Sec. 1309
TITLE 17 – COPYRIGHTS
CHAPTER 13 – PROTECTION OF ORIGINAL DESIGNS
Sec. 1309. Infringement
(g) Reproduction for Teaching or Analysis. – It is not an infringement of the exclusive rights of a design owner for a person to reproduce the design in a useful article or in any other form solely for the purpose of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design, or the function of the useful article embodying the design.
Plant Variety Protection
TITLE 7 – AGRICULTURE
CHAPTER 57 – PLANT VARIETY PROTECTION
SUBCHAPTER III – PLANT VARIETY PROTECTION AND RIGHTS
Part K – Infringement of Plant Variety Protection
Sec. 2545. Intermediary exemption
Transportation or delivery by a carrier in the ordinary course of its business as a carrier, or advertising by a person in the advertising business in the ordinary course of that business, shall not constitute an infringement of the protection provided under this chapter.
TITLE 7 – AGRICULTURE
CHAPTER 57 – PLANT VARIETY PROTECTION
SUBCHAPTER III – PLANT VARIETY PROTECTION AND RIGHTS
Part K – Infringement of Plant Variety Protection
Sec. 2544. Research exemption
The use and reproduction of a protected variety for plant breeding or other bona fide research shall not constitute an infringement of the protection provided under this chapter.
7 U.S.C. § 2404 Public interest in wide usage
The Secretary may declare a protected variety open to use on a basis of equitable remuneration to the owner, not less than a reasonable royalty, when the Secretary determines that such declaration is necessary in order to insure an adequate supply of fiber, food, or feed in this country and that the owner is unwilling or unable to supply the public needs for the variety at a price which may reasonably be deemed fair. Such declaration may be, with or without limitation, with or without designation of what the remuneration is to be; and shall be subject to review as under section 2461 or 2462 of this title (any finding that the price is not reasonable being reviewable), and shall remain in effect not more than two years. In the event litigation is required to collect such remuneration, a higher rate may be allowed by the court.
Pub. L. 91-577, title II, Sec. 44, Dec. 24, 1970, 84 Stat. 1547;
Pub. L. 103-349, Sec. 13(f), Oct. 6, 1994, 108 Stat. 3143.)
AMENDMENTS
1994 – Pub. L. 103-349 substituted “the Secretary” for “he” before “determines” in first sentence.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103-349, set out as a note under section 2401 of this title.
Trademarks
Sec. 1125. False designations of origin, false descriptions, and dilution forbidden
(c) Dilution by blurring; dilution by tarnishment
(3) Exclusions
The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection:
(A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person’s own goods or services, including use in connection with –
(i) advertising or promotion that permits consumers to compare goods or services; or
(ii) identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner.
(B) All forms of news reporting and news commentary.
(C) Any noncommercial use of a mark.