r 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) The transmission program embodied in a copy or phonorecord made
under this section is not subject to protection as derivative work
under this title except with the express consent of the owners of
copyright in the preexisting works employed in the program.

Section 113. Scope of exclusive rights in pictorial, graphic, and
sculptural work.

(a) Subject to the provisions of subsections (b) and (c) of this
section, the exclusive right to reproduce a copyrighted pictorial,
graphic, or sculptural work in copies under section 106 includes the
right to reproduce the work in or on any kind of article, whether
useful or otherwise.

(b) This title does not afford, to the owner of copyright in a work
that portrays a useful article as such, any greater or lesser rights
with respect to the making, distribution, or display of the useful
article so portrayed than those afforded to such works under the law,
whether title 17 or the common law or statutes of a State, in effect on
December 31, 1977, as held applicable and construed by a court in an
action brought under this title.

(c) In the case of a work lawfully reproduced in useful articles that
have been offered for sale or other distribution to the public,
copyright does not include any right to prevent the making,
distribution, or display of pictures or photographs of such articles in
connection with advertisements or commentaries related to the
distribution or display of such articles, or in connection with news
reports.

Section 114. Scope of exclusive rights in sound recordings.

(a) The exclusive rights of the owner of copyright in a sound recording
are limited to the rights specified by clauses (1), (2), and (3) of
section 106, and do not include any right of performance under section
106(4).

(b) The exclusive right of the owner of copyright in a sound recording
under clause (1) of section 106 is limited to the right to duplicate
the sound recording in the form of phonorecords, or of copies of motion
pictures and other audiovisual works, that directly or indirectly
recapture the actual sounds fixed in the recording. The exclusive
right of the owner of copyright in a sound recording under clause (2)