k by the public reception of the transmission on a
single receiving apparatus of a kind commonly used in private homes,
unless--
(A) a direct charge is made to see or hear the transmission; or
(B) the transmission thus received is further transmitted to the public;
(6) performance of a nondramatic musical work by a governmental body or
a nonprofit agricultural or horticultural organization, in the course
of an annual agricultural or horticultural fair or exhibition conducted
by such body or organization; the exemption provided by this clause
shall extend to any liability for copyright infringement that would
otherwise be imposed on such body or organization, under doctrines of
vicarious liability or related infringement, for a performance by a
concessionaire, business establishment, or other person at such fair or
exhibition, but shall not excuse any such person from liability for the
performance;
(7) performance of a nondramatic musical work by a vending
establishment open to the public at large without any direct or
indirect admission charge, where the sole purpose of the performance is
to promote the retail sale of copies or phonorecords 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 a nondramatic 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 advantages
and its transmission is made through the facilities of:
(i) a governmental body; or
(ii) a noncommercial educational broadcast station (as
defined in section 397 of title 47); or
(iii) a radio subcarrier authorization (as defined in 47
CFR 73.293-73.295 and 73.593-73.595); or
(iv) a cable system (as defined in section 111(f));
(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 r
|