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Financial
Gain: Any receipt, or expectation of receipt, or anything of value,
including the receipt of other copyrighted works.
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First Sale
Doctrine: The Constitution empowers Congress to enact copyright
legislation for the specific purpose of “promot(ing) the Progress of
Science and the useful Arts, by securing for limited Times, to Authors
and Inventors, the exclusive Right to their respective Writings and
Discoveries.”
U.S.
Const., art. I,§8,cl.8. Pursuant to that public purpose, the Copyright
Act grants to authors the exclusive right to distribute copies of their
work, 17 U.S.C. §106(3), but limits that right by distinguishing
between ownership of a copyright (the bundle of exclusive rights granted
an author) and ownership of a copy (the tangible material in which a
work is fixed), 17 U.S.C. §202, and by extinguishing the copyright
owner’s distribution right upon the first sale of each copy, see 17
U.S.C. §109. Of course, no copyright exists in government works, nor in
facts or data.
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Foodservice
or Drinking Establishment: A restaurant, inn, bar, tavern, or any
other similar place of business in which the public or patrons assemble
for the primary purpose of being served food or drink, in which the
majority of the gross square feet of space that is nonresidential is
used for that purpose, and in which non-dramatic musical works are
performed publicly.
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Fixed in a Tangible
Medium: An embodiment of a work in a copy or phonorecord, by
or under the authority of the author, is sufficiently permanent or
stable to permit it to be perceived, reproduced or otherwise
communicated for a period of more than transitory duration.
A work consisting of sounds, images, or both, that are being
transmitted, is “fixed” if a fixation of the work is being made
simultaneously with its transmission.
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