
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 17USC112]

 
                          TITLE 17--COPYRIGHTS
 
            CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
 
Sec. 112. Limitations on exclusive rights: Ephemeral recordings

    (a)(1) Notwithstanding the provisions of section 106, and except in 
the case of a motion picture or other audiovisual work, it is not an 
infringement of copyright for a transmitting organization entitled to 
transmit to the public a performance or display of a work, under a 
license, including a statutory license under section 114(f), or transfer 
of the copyright or under the limitations on exclusive rights in sound 
recordings specified by section 114(a), or for a transmitting 
organization that is a broadcast radio or television station licensed as 
such by the Federal Communications Commission and that makes a broadcast 
transmission of a performance of a sound recording in a digital format 
on a nonsubscription basis, to make no more than one copy or phonorecord 
of a particular transmission program embodying the performance or 
display, if--
        (A) the copy or phonorecord is retained and used solely by the 
    transmitting organization that made it, and no further copies or 
    phonorecords are reproduced from it; and
        (B) the copy or phonorecord is used solely for the transmitting 
    organization's own transmissions within its local service area, or 
    for purposes of archival preservation or security; and
        (C) unless preserved exclusively for archival purposes, the copy 
    or phonorecord is destroyed within six months from the date the 
    transmission program was first transmitted to the public.

    (2) In a case in which a transmitting organization entitled to make 
a copy or phonorecord under paragraph (1) in connection with the 
transmission to the public of a performance or display of a work is 
prevented from making such copy or phonorecord by reason of the 
application by the copyright owner of technical measures that prevent 
the reproduction of the work, the copyright owner shall make available 
to the transmitting organization the necessary means for permitting the 
making of such copy or phonorecord as permitted under that paragraph, if 
it is technologically feasible and economically reasonable for the 
copyright owner to do so. If the copyright owner fails to do so in a 
timely manner in light of the transmitting organization's reasonable 
business requirements, the transmitting organization shall not be liable 
for a violation of section 1201(a)(1) of this title for engaging in such 
activities as are necessary to make such copies or phonorecords as 
permitted under paragraph (1) of this subsection.
    (b) Notwithstanding the provisions of section 106, it is not an 
infringement of copyright for a governmental body or other nonprofit 
organization entitled to transmit a performance or display of a work, 
under section 110(2) or under the limitations on exclusive rights in 
sound recordings specified by section 114(a), to make no more than 
thirty copies or phonorecords of a particular transmission program 
embodying the performance or display, if--
        (1) no further copies or phonorecords are reproduced from the 
    copies or phonorecords made under this clause; and
        (2) except for one copy or phonorecord that may be preserved 
    exclusively for archival purposes, the copies or phonorecords are 
    destroyed within seven years from the date the transmission program 
    was first transmitted to the public.

    (c) Notwithstanding the provisions of section 106, it is not an 
infringement of copyright for a governmental body or other nonprofit 
organization to make for distribution no more than one copy or 
phonorecord, for each transmitting organization specified in clause (2) 
of this subsection, of a particular transmission program embodying a 
performance of a nondramatic musical work of a religious nature, or of a 
sound recording of such a musical work, if--
        (1) there is no direct or indirect charge for making or 
    distributing any such copies or phonorecords; and
        (2) none of such copies or phonorecords is used for any 
    performance other than a single transmission to the public by a 
    transmitting organization entitled to transmit to the public a 
    performance of the work under a license or transfer of the 
    copyright; and
        (3) except for one copy or phonorecord that may be preserved 
    exclusively for archival purposes, the copies or phonorecords are 
    all destroyed within one year from the date the transmission program 
    was first transmitted to the public.

    (d) Notwithstanding the provisions of section 106, it is not an 
infringement of copyright for a governmental body or other nonprofit 
organization entitled to transmit a performance of a work under section 
110(8) to make no more than ten copies or phonorecords embodying the 
performance, or to permit the use of any such copy or phonorecord by any 
governmental body or nonprofit organization entitled to transmit a 
performance of a work under section 110(8), if--
        (1) any such copy or phonorecord is retained and used solely by 
    the organization that made it, or by a governmental body or 
    nonprofit organization entitled to transmit a performance of a work 
    under section 110(8), and no further copies or phonorecords are 
    reproduced from it; and
        (2) any such copy or phonorecord is used solely for 
    transmissions authorized under section 110(8), or for purposes of 
    archival preservation or security; and
        (3) the governmental body or nonprofit organization permitting 
    any use of any such copy or phonorecord by any governmental body or 
    nonprofit organization under this subsection does not make any 
    charge for such use.

    (e) Statutory License.--(1) A transmitting organization entitled to 
transmit to the public a performance of a sound recording under the 
limitation on exclusive rights specified by section 114(d)(1)(C)(iv) or 
under a statutory license in accordance with section 114(f) is entitled 
to a statutory license, under the conditions specified by this 
subsection, to make no more than 1 phonorecord of the sound recording 
(unless the terms and conditions of the statutory license allow for 
more), if the following conditions are satisfied:
        (A) The phonorecord is retained and used solely by the 
    transmitting organization that made it, and no further phonorecords 
    are reproduced from it.
        (B) The phonorecord is used solely for the transmitting 
    organization's own transmissions originating in the United States 
    under a statutory license in accordance with section 114(f) or the 
    limitation on exclusive rights specified by section 
    114(d)(1)(C)(iv).
        (C) Unless preserved exclusively for purposes of archival 
    preservation, the phonorecord is destroyed within 6 months from the 
    date the sound recording was first transmitted to the public using 
    the phonorecord.
        (D) Phonorecords of the sound recording have been distributed to 
    the public under the authority of the copyright owner or the 
    copyright owner authorizes the transmitting entity to transmit the 
    sound recording, and the transmitting entity makes the phonorecord 
    under this subsection from a phonorecord lawfully made and acquired 
    under the authority of the copyright owner.

    (2) Notwithstanding any provision of the antitrust laws, any 
copyright owners of sound recordings and any transmitting organizations 
entitled to a statutory license under this subsection may negotiate and 
agree upon royalty rates and license terms and conditions for making 
phonorecords of such sound recordings under this section and the 
proportionate division of fees paid among copyright owners, and may 
designate common agents to negotiate, agree to, pay, or receive such 
royalty payments.
    (3) No later than 30 days after the date of the enactment of the 
Digital Millennium Copyright Act, the Librarian of Congress shall cause 
notice to be published in the Federal Register of the initiation of 
voluntary negotiation proceedings for the purpose of determining 
reasonable terms and rates of royalty payments for the activities 
specified by paragraph (1) of this subsection during the period 
beginning on the date of the enactment of such Act and ending on 
December 31, 2000, or such other date as the parties may agree. Such 
rates shall include a minimum fee for each type of service offered by 
transmitting organizations. Any copyright owners of sound recordings or 
any transmitting organizations entitled to a statutory license under 
this subsection may submit to the Librarian of Congress licenses 
covering such activities with respect to such sound recordings. The 
parties to each negotiation proceeding shall bear their own costs.
    (4) In the absence of license agreements negotiated under paragraph 
(2), during the 60-day period commencing 6 months after publication of 
the notice specified in paragraph (3), and upon the filing of a petition 
in accordance with section 803(a)(1), the Librarian of Congress shall, 
pursuant to chapter 8, convene a copyright arbitration royalty panel to 
determine and publish in the Federal Register a schedule of reasonable 
rates and terms which, subject to paragraph (5), shall be binding on all 
copyright owners of sound recordings and transmitting organizations 
entitled to a statutory license under this subsection during the period 
beginning on the date of the enactment of the Digital Millennium 
Copyright Act and ending on December 31, 2000, or such other date as the 
parties may agree. Such rates shall include a minimum fee for each type 
of service offered by transmitting organizations. The copyright 
arbitration royalty panel shall establish rates that most clearly 
represent the fees that would have been negotiated in the marketplace 
between a willing buyer and a willing seller. In determining such rates 
and terms, the copyright arbitration royalty panel shall base its 
decision on economic, competitive, and programming information presented 
by the parties, including--
        (A) whether use of the service may substitute for or may promote 
    the sales of phonorecords or otherwise interferes with or enhances 
    the copyright owner's traditional streams of revenue; and
        (B) the relative roles of the copyright owner and the 
    transmitting organization in the copyrighted work and the service 
    made available to the public with respect to relative creative 
    contribution, technological contribution, capital investment, cost, 
    and risk.

In establishing such rates and terms, the copyright arbitration royalty 
panel may consider the rates and terms under voluntary license 
agreements negotiated as provided in paragraphs (2) and (3). The 
Librarian of Congress shall also establish requirements by which 
copyright owners may receive reasonable notice of the use of their sound 
recordings under this section, and under which records of such use shall 
be kept and made available by transmitting organizations entitled to 
obtain a statutory license under this subsection.
    (5) License agreements voluntarily negotiated at any time between 1 
or more copyright owners of sound recordings and 1 or more transmitting 
organizations entitled to obtain a statutory license under this 
subsection shall be given effect in lieu of any determination by a 
copyright arbitration royalty panel or decision by the Librarian of 
Congress.
    (6) Publication of a notice of the initiation of voluntary 
negotiation proceedings as specified in paragraph (3) shall be repeated, 
in accordance with regulations that the Librarian of Congress shall 
prescribe, in the first week of January 2000, and at 2-year intervals 
thereafter, except to the extent that different years for the repeating 
of such proceedings may be determined in accordance with paragraph (3). 
The procedures specified in paragraph (4) shall be repeated, in 
accordance with regulations that the Librarian of Congress shall 
prescribe, upon filing of a petition in accordance with section 
803(a)(1), during a 60-day period commencing on July 1, 2000, and at 2-
year intervals thereafter, except to the extent that different years for 
the repeating of such proceedings may be determined in accordance with 
paragraph (3). The procedures specified in paragraph (4) shall be 
concluded in accordance with section 802.
    (7)(A) Any person who wishes to make a phonorecord of a sound 
recording under a statutory license in accordance with this subsection 
may do so without infringing the exclusive right of the copyright owner 
of the sound recording under section 106(1)--
        (i) by complying with such notice requirements as the Librarian 
    of Congress shall prescribe by regulation and by paying royalty fees 
    in accordance with this subsection; or
        (ii) if such royalty fees have not been set, by agreeing to pay 
    such royalty fees as shall be determined in accordance with this 
    subsection.

    (B) Any royalty payments in arrears shall be made on or before the 
20th day of the month next succeeding the month in which the royalty 
fees are set.
    (8) If a transmitting organization entitled to make a phonorecord 
under this subsection is prevented from making such phonorecord by 
reason of the application by the copyright owner of technical measures 
that prevent the reproduction of the sound recording, the copyright 
owner shall make available to the transmitting organization the 
necessary means for permitting the making of such phonorecord as 
permitted under this subsection, if it is technologically feasible and 
economically reasonable for the copyright owner to do so. If the 
copyright owner fails to do so in a timely manner in light of the 
transmitting organization's reasonable business requirements, the 
transmitting organization shall not be liable for a violation of section 
1201(a)(1) of this title for engaging in such activities as are 
necessary to make such phonorecords as permitted under this subsection.
    (9) Nothing in this subsection annuls, limits, impairs, or otherwise 
affects in any way the existence or value of any of the exclusive rights 
of the copyright owners in a sound recording, except as otherwise 
provided in this subsection, or in a musical work, including the 
exclusive rights to reproduce and distribute a sound recording or 
musical work, including by means of a digital phonorecord delivery, 
under sections 106(1), 106(3), and 115, and the right to perform 
publicly a sound recording or musical work, including by means of a 
digital audio transmission, under sections 106(4) and 106(6).
    (f) The transmission program embodied in a copy or phonorecord made 
under this section is not subject to protection as a derivative work 
under this title except with the express consent of the owners of 
copyright in the preexisting works employed in the program.

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2558; Pub. 
L. 105-304, title IV, Secs. 402, 405(b), Oct. 28, 1998, 112 Stat. 2888, 
2899; Pub. L. 106-44, Sec. 1(b), Aug. 5, 1999, 113 Stat. 221.)


                      Historical and Revision Notes

                        house report no. 94-1476

    Section 112 of the bill concerns itself with a special problem that 
is not dealt with in the present statutes but is the subject of 
provisions in a number of foreign statutes and in the revisions of the 
Berne Convention since 1948. This is the problem of what are commonly 
called ``ephemeral recordings'': copies or phonorecords of a work made 
for purposes of later transmission by a broadcasting organization 
legally entitled to transmit the work. In other words, where a 
broadcaster has the privilege of performing or displaying a work either 
because he is licensed or because the performance or display is exempted 
under the statute, the question is whether he should be given the 
additional privilege of recording the performance or display to 
facilitate its transmission. The need for a limited exemption in these 
cases because of the practical exigencies of broadcasting has been 
generally recognized, but the scope of the exemption has been a 
controversial issue.
    Recordings for Licensed Transmissions. Under subsection (a) of 
section 112, an organization that has acquired the right to transmit any 
work (other than a motion picture or other audiovisual work), or that is 
free to transmit a sound recording under section 114, may make a single 
copy or phonorecord of a particular program embodying the work, if the 
copy or phonorecord is used solely for the organization's own 
transmissions within its own area; after 6 months it must be destroyed 
or preserved solely for archival purposes.
    Organizations Covered.--The ephemeral recording privilege is given 
by subsection (a) to ``a transmitting organization entitled to transmit 
to the public a performance or display of a work.'' Assuming that the 
transmission meets the other conditions of the provision, it makes no 
difference what type of public transmission the organization is making: 
commercial radio and television broadcasts, public radio and television 
broadcasts not exempted by section 110(2), pay-TV, closed circuit, 
background music, and so forth. However, to come within the scope of 
subsection (a), the organization must have the right to make the 
transmission ``under a license or transfer of the copyright or under the 
limitations on exclusive rights in sound recordings specified by section 
114(a).'' Thus, except in the case of copyrighted sound recordings 
(which have no exclusive performing rights under the bill), the 
organization must be a transferee or licensee (including compulsory 
licensee) of performing rights in the work in order to make an ephemeral 
recording of it.
    Some concern has been expressed by authors and publishers lest the 
term ``organization'' be construed to include a number of affiliated 
broadcasters who could exchange the recording without restrictions. The 
term is intended to cover a broadcasting network, or a local broadcaster 
or individual transmitter; but, under clauses (1) and (2) of the 
subsection, the ephemeral recording must be ``retained and used solely 
by the transmitting organization that made it,'' and must be used solely 
for that organization's own transmissions within its own area. Thus, an 
ephemeral recording made by one transmitter, whether it be a network or 
local broadcaster, could not be made available for use by another 
transmitter. Likewise, this subsection does not apply to those 
nonsimultaneous transmissions by cable systems not located within a 
boundary of the forty-eight contiguous States that are granted a 
compulsory license under section 111.
    Scope of the Privilege.--Subsection (a) permits the transmitting 
organization to make ``no more than one copy or phonorecord of a 
particular transmission program embodying the performance or display.'' 
A ``transmission program'' is defined in section 101 as a body of 
material produced for the sole purpose of transmission as a unit. Thus, 
under section 112(a), a transmitter could make only one copy or 
phonorecord of a particular ``transmission program'' containing a 
copyrighted work, but would not be limited as to the number of times the 
work itself could be duplicated as part of other ``transmission 
programs.''
    Three specific limitations on the scope of the ephemeral recording 
privilege are set out in subsection (a), and unless all are met the 
making of an ``ephemeral recording'' becomes fully actionable as an 
infringement. The first requires that the copy or phonorecord be 
``retained and used solely by the transmitting organization that made 
it,'' and that ``no further copies or phonorecords are reproduced from 
it.'' This means that a transmitting organization would have no 
privilege of exchanging ephemeral recordings with other transmitters or 
of allowing them to duplicate their own ephemeral recordings from the 
copy or phonorecord it has made. There is nothing in the provision to 
prevent a transmitting organization from having an ephemeral recording 
made by means of facilities other than its own, although it would not be 
permissible for a person or organization other than a transmitting 
organization to make a recording on its own initiative for possible sale 
or lease to a broadcaster. The ephemeral recording privilege would 
extend to copies or phonorecords made in advance for later broadcast, as 
well as recordings of a program that are made while it is being 
transmitted and are intended for deferred transmission or preservation.
    Clause (2) of section 112(a) provides that, to be exempt from 
copyright, the copy or phonorecord must be ``used solely for the 
transmitting organization's own transmissions within its local service 
area, or for purposes of archival preservation or security''. The term 
``local service area'' is defined in section 111(f).
    Clause (3) of section 112(a) provides that, unless preserved 
exclusively for archival purposes, the copy or phonorecord of a 
transmission program must be destroyed within six months from the date 
the transmission program was first transmitted to the public.
    Recordings for Instructional Transmissions. Section 112(b) 
represents a response to the arguments of instructional broadcasters and 
other educational groups for special recording privileges, although it 
does not go as far as these groups requested. In general, it permits a 
nonprofit organization that is free to transmit a performance or display 
of a work, under section 110(2) or under the limitations on exclusive 
rights in sound recordings specified by section 114(a), to make not more 
than thirty copies or phonorecords and to use the ephemeral recordings 
for transmitting purposes for not more than seven years after the 
initial transmission.
    Organizations Covered.--The privilege of making ephemeral recordings 
under section 112(b) extends to a ``governmental body or other nonprofit 
organization entitled to transmit a performance or display of a work 
under section 110(2) or under the limitations on exclusive rights in 
sound recordings specified by section 114(a).'' Aside from phonorecords 
of copyrighted sound recordings, the ephemeral recordings made by an 
instructional broadcaster under subsection (b) must embody a performance 
or display that meets all of the qualifications for exemption under 
section 110(2). Copies or phonorecords made for educational broadcasts 
of a general cultural nature, or for transmission as part of an 
information storage and retrieval system, would not be exempted from 
copyright protection under section 112(b).
    Motion Pictures and Other Audiovisual Works.--Since the performance 
exemption provided by section 110(2) applies only to nondramatic 
literary and musical works, there was no need to exclude motion pictures 
and other audiovisual works explicitly from the scope of section 112(b). 
Another point stressed by the producers of educational films in this 
connection, however, was that ephemeral recordings made by instructional 
broadcasters are in fact audiovisual works that often compete for 
exactly the same market. They argued that it is unfair to allow 
instructional broadcasters to reproduce multiple copies of films and 
tapes, and to exchange them with other broadcasters, without paying any 
copyright royalties, thereby directly injuring the market of producers 
of audiovisual works who now pay substantial fees to authors for the 
same uses. These arguments are persuasive and justify the placing of 
reasonable limits on the recording privilege.
    Scope of the Privilege.--Under subsection (b) an instructional 
broadcaster may make ``no more than thirty copies or phonorecords of a 
particular transmission program embodying the performance or display.'' 
No further copies or phonorecords can be reproduced from those made 
under section 112(b), either by the nonprofit organization that made 
them or by anyone else.
    On the other hand, if the nonprofit organization does nothing 
directly or indirectly to authorize, induce, or encourage others to 
duplicate additional copies or phonorecords of an ephemeral recording in 
excess of the limit of thirty, it would not be held responsible as 
participating in the infringement in such a case, and the unauthorized 
copies would not be counted against the organization's total of thirty.
    Unlike ephemeral recordings made under subsection (a), exchanges of 
recordings among instructional broadcasters are permitted. An 
organization that has made copies or phonorecords under subsection (b) 
may use one of them for purposes of its own transmissions that are 
exempted by section 110(2), and it may also transfer the other 29 copies 
to other instructional broadcasters for use in the same way.
    As in the case of ephemeral recordings made under section 112(a), a 
copy or phonorecord made for instructional broadcasting could be reused 
in any number of transmissions within the time limits specified in the 
provision. Because of the special problems of instructional broadcasters 
resulting from the scheduling of courses and the need to prerecord well 
in advance of transmission, the period of use has been extended to seven 
years from the date the transmission program was first transmitted to 
the public.
    Religious Broadcasts.--Section 112(c) provides that it is not an 
infringement of copyright for certain nonprofit organizations to make no 
more than one copy for each transmitting organization of a broadcast 
program embodying a performance of a nondramatic musical work of a 
religious nature or of a sound recording of such a musical work. In 
order for this exception to be applicable there must be no charge for 
the distribution of the copies, none of the copies may be used for any 
performance other than a single transmission by an organization 
possessing a license to transmit a copyrighted work, and, other than for 
one copy that may be preserved for archival purposes, the remaining 
copies must be destroyed within one year from the date the program was 
first transmitted to the public.
    Despite objections by music copyright owners, the Committee found 
this exemption to be justified by the special circumstances under which 
many religious programs are broadcast. These programs are produced on 
tape or disk for distribution by mail of one copy only to each broadcast 
station carrying the program. None of the programs are prepared for 
profit, and the program producer either pays the station to carry the 
program or furnishes it free of charge. The stations have performing 
licenses, so the copyright owners receive compensation. Following the 
performance, the tape is returned or the disk destroyed. It seems likely 
that, as has been alleged, to require a second payment for the 
mechanical reproduction under these circumstances would simply have the 
effect of driving some of the copyrighted music off the air.
    Ephemeral Recordings for Transmissions to Handicapped Audiences. As 
a counterpart to its amendment of section 110(8), the Committee adopted 
a new provision, subsection (d) of section 112, to provide an ephemeral 
recording exemption in the case of transmissions to the blind and deaf. 
New subsection would permit the making of one recording of a performance 
exempted under section 110(8), and its retention for an unlimited 
period. It would not permit the making of further reproductions or their 
exchange with other organizations.
    Copyright Status of Ephemeral Recordings. A program reproduced in an 
ephemeral recording made under section 112 in many cases will constitute 
a motion picture, a sound recording, or some other kind of derivative 
work, and will thus be potentially copyrightable under section 103. In 
section 112(e) it is provided that ephemeral recordings are not to be 
copyrightable as derivative works except with the consent of the owners 
of the copyrighted material employed in them.

                       References in Text

    The antitrust laws, referred to in subsec. (e)(2), are classified 
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade.
    The date of the enactment of the Digital Millennium Copyright Act, 
referred to in subsec. (e)(3), (4), is the date of enactment of Pub. L. 
105-304, which was approved Oct. 28, 1998.


                               Amendments

    1999--Subsec. (e)(2). Pub. L. 106-44, Sec. 1(b)(1), redesignated 
par. (3) as (2).
    Subsec. (e)(3). Pub. L. 106-44, Sec. 1(b)(1), (2), redesignated par. 
(4) as (3) and substituted ``(1)'' for ``(2)'' in first sentence. Former 
par. (3) redesignated (2).
    Subsec. (e)(4). Pub. L. 106-44, Sec. 1(b)(1), (3), redesignated par. 
(5) as (4), substituted ``(2)'' for ``(3)'', ``(3)'' for ``(4)'', and 
``(5)'' for ``(6)'' in first sentence, and substituted ``(2) and (3)'' 
for ``(3) and (4)'' in penultimate sentence of concluding provisions. 
Former par. (4) redesignated (3).
    Subsec. (e)(5). Pub. L. 106-44, Sec. 1(b)(1), redesignated par. (6) 
as (5). Former par. (5) redesignated (4).
    Subsec. (e)(6). Pub. L. 106-44, Sec. 1(b)(1), (4), redesignated par. 
(7) as (6), substituted ``(3)'' for ``(4)'' wherever appearing, and 
substituted ``(4)'' for ``(5)'' in two places. Former par. (6) 
redesignated (5).
    Subsec. (e)(7) to (10). Pub. L. 106-44, Sec. 1(b)(1), redesignated 
pars. (8) to (10) as (7) to (9), respectively. Former par. (7) 
redesignated (6).
    1998--Subsec. (a). Pub. L. 105-304, Sec. 402, designated existing 
provisions as par. (1), in introductory provisions inserted ``, 
including a statutory license under section 114(f),'' after ``under a 
license'' and ``or for a transmitting organization that is a broadcast 
radio or television station licensed as such by the Federal 
Communications Commission and that makes a broadcast transmission of a 
performance of a sound recording in a digital format on a 
nonsubscription basis,'' after ``114(a),'', redesignated former pars. 
(1) to (3) as subpars. (A) to (C), respectively, and added par. (2).
    Subsecs. (e), (f). Pub. L. 105-304, Sec. 405(b), added subsec. (e) 
and redesignated former subsec. (e) as (f).


                     Construction of 1998 Amendment

    Pub. L. 105-304, title IV, Sec. 405(c), Oct. 28, 1998, 112 Stat. 
2902, provided that: ``Nothing in this section [amending this section 
and sections 114 and 801 to 803 of this title and enacting provisions 
set out as notes under section 114 of this title] or the amendments made 
by this section shall affect the scope of section 112(a) of title 17, 
United States Code, or the entitlement of any person to an exemption 
thereunder.''

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 501, 511, 802, 803 of 
this title; title 18 section 2319.
