Other Statutory Exceptions
The Copyright Act contains a number of other specifically authorized uses of copyrighted works. If a defending party cannot make an adequate fair use defense, they may decide to argue that their use fits one of the other statutory exceptions. Some (but not all) of the alternative statutory exceptions are listed below:
EDUCATIONAL PERFORMANCES AND DISPLAYS: § 110(1) of the Copyright Act states that itis generally acceptable for persons to engage in otherwise unauthorized performances and displays of copyrighted works as long as the performance/display is done during the course of face-to-face instruction at a nonprofit educational institution.
PERFORMANCES DURING RELIGIOUS SERVICES: § 110(3) of the Copyright Act states that itis generally acceptable for persons to perform nondramatic literary or musical works when such performances are undertaken as part of a religious service or assembly.
SOFTWARE USAGE: Because of the nature of their operation, many computer programs require the creation of a copy in order to function. Therefore,§ 117 of the Copyright Act states thatit is generally not a violation of copyrights to create an otherwise unauthorized copy of a computer program as long as: (1) the creation of such a copy is an essential step in the utilization of the program; OR(2) the new copy is made for archival purposes only.
There are numerous other specific and nuanced exceptions contained generally in§ 108-122 of the Copyright Act. Many of the exceptions are tailored to provide protection forcommon but narrow circ*mstances in which copyrights would otherwise be violated.
