of the work, and the performance is not transmitted beyond the place where the
establishment is located and is within the immediate area where the sale is occurring;
(8)
Performance of non-dramatic literary work, by or in the course of a transmission
specifically designed for and primarily directed to blind or other handicapped
persons who are unable to read normal printed material as a result of their handicap,
or deaf or other handicapped persons who are unable to hear the aural signals
accompanying a transmission of visual signals, if the performance is made without
any purpose of direct or indirect commercial advantage and its transmission body; or
(ii) a non-commercial educational broadcast station or (iii) a radio sub-carrier
authorization and (iv) a cable system.
(9)
Performance on a single occasion of a dramatic literary work published at least ten
years before the date of the performance, by or in the course of a transmission
specifically designed for and primarily directed to blind or other handicapped
persons who are unable to read normal printed material as a result of their handicap,
if the performance is made without any purpose of direct or indirect commercial
advantage and its transmission is made through the facilities of a radio sub-carrier
authorization referred to in clause (8) (iii), provided, that the provisions of this
clause shall not be applicable to more than one performance of the same work by the
same performers or under the auspices of the same organization.
(10)
Notwithstanding paragraph 4 above, the following is not an infringement of
copyright: performance of a non-dramatic literary or musical work in the course of a
social function which is organized and promoted by a non-profit veteran organization
or a non-profit fraternal organization to which the general public is not invited, but
not including the invitees of the organizations, if the proceeds from the performance,
after deducting the reasonable costs of producing the performance, are used
exclusively for charitable and not for financial gain. For purposes of this section the
social functions of any college or university fraternity or sorority shall not be
included unless the social function is held solely to raise funds for a specific
charitable purposes.
SECTION:
2.11
LIMITATIONS ON EXCLUSIVE RIGHTS: EFFECT
OF TRANSFER ON PARTICULAR COPY OR SOUND
RECORDING
(a)
Notwithstanding the provisions of section 2.6 (c), the owner of a particular copy or
sound recording lawfully made under this Chapter or any person authorized by such
owner, is entitled without the authority of the copyright owner to sell or otherwise
dispose of the possession of that copy or sound recording.
(b)
Notwithstanding the provisions of (a),
(I)
unless authorized by the owners of copyright in the sound recording, or the
owner of copyright in a computer program (including any tape, disk or other
medium embodying such program), and in the case of a sound recording and
in the musical works, embodied therein, neither the owner of a particular
sound recording nor any person in possession of a particular copy of a
computer program (including any tape, disk or other medium embodying
such program) may, for the purposes of direct or indirect commercial
advantage, disposes of, or authorizes the disposal of, the possession of that
sound recording or computer program (including any tape, disk or other
medium embodying such program) by rental, lease and lending or by any
14