d 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 advantage 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 result of their handicap, if the
performance is made without any purpose of direct or indirect commercial
advantage and its transmission is made through the facilities of a radio
subcarrier authorization referred to in clause (8) (iii), *Provided*,
That the provisions of this clause shall not be applicable to more than
one performance of the same work by the same performers or under the
auspices of the same organization; and

(10) notwithstanding paragraph (4), the following is not an infringement
of copyright: performance of a nondramatic literary or musical work in
the course of a social function which is organized and promoted by a
nonprofit veterans' organization or a nonprofit fraternal organization
to which the general public is not invited, but not including the
invitees of the organizations, if the proceeds from the performance,
after deducting the reasonable costs of producing the performance, are
used exclusively for charitable purposes and not for financial gain. For
purposes of this section the social functions of any college or
university fraternity or sorority shall not be included unless the
social function is held solely to raise funds for a specific charitable
purpose.

The exemptions provided under paragraph (5) shall not be taken into
account in any