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同注9.
Warnings of copyright for use by certain libraries and archives. 37 C.F.R. §201.14 (2003) (查询于2006-01-12)
同注9.
With respect to material described in subsection(d)—articles or other contributions to periodicals or collections, and smallparts of other copyrighted works— subsection (g) (2) provides that theexemptions of section 108 do not apply if the library or archive engages in“systematic reproduction or distribution of single or multiple copies or phonorecords.”This provision in S.22 provoked a storm of controversy, centering around theextent to which the restrictions on “systematic” activities would prevent thecontinuation and development of interlibrary networks and other arrangementsinvolving the exchange of photocopies. e. House Report: Discussion of Multiple Copies andSystematic Reproduction, at p17, 同注21.
Pasha Publications,Inc. v. Enmark Gas Corp., 1992 U.S. Dist. LEXIS 2834 (D. Tex. 1992)
Television Digestv. United States Tel. Ass''n, 841 F. Supp. 5 (D.D.C. 1993)
the crux of the profit and nonprofitdistinction is not whether the sole motive of the use is monetary gain butwhether the user stands to profit from exploitation of the copyrighted materialwithout paying the customary price. 同注27.
同注9.
out-of-print works, H.R. Rep. No. 94-1476, 94th Cong., 2dSess., September 3,1976. Reproduction of Copyrighted Works by Educators andLibrarians, p16, at (查询于2006-01-12)
Tasini v. New York Times Co., 972 F. Supp. 804 (D.N.Y. 1997)；LEXIS 11988,
(c) Contributions to Collective Works. -Copyright in each separate contribution to a collective work is distinct fromcopyright in the collective work as a whole, and vests initially in the authorof the contribution. In the absence of an express transfer of the copyright orof any rights under it, the owner of copyright in the collective work ispresumed to have acquired only the privilege of reproducing and distributingthe contribution as part of that particular collective work, any revision ofthat collective work, and any later collective work in the same series. 17 USCSec. 201. (查询于2006-01-12)
As the basis forits ruling, the Court applied Section 201(c) of the Copyright Act anddetermined that defendants had properly republished plaintiffs'' individualfreelance articles as part of electronic "revisions" of thenewspapers and periodicals in which those articles first appeared. 17 U.S.C.201(c). 同注32.
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