Perjury Under Federal Law: A Sketch of the Elements

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Description This report discusses the three general federal perjury laws. Physical Description 7 pages. Who People and organizations associated with either the creation of this report or its content. Publisher Library of Congress.

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  1. 18 U.S. Code § - Perjury generally | U.S. Code | US Law | LII / Legal Information Institute.
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What Descriptive information to help identify this report. Language English. Item Type Report. Identifier Unique identifying numbers for this report in the Digital Library or other systems. Collections This report is part of the following collection of related materials. About Browse this Collection. Digital Files 1 file. Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection a with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work.

Notwithstanding the provisions of sections and A , the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching including multiple copies for classroom use , scholarship, or research, is not an infringement of copyright.


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  • In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

    B a copy or phonorecord of the work can be obtained at a reasonable price; or. C the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs A and B applies. Notwithstanding the preceding sentence, copies or phonorecords of works subject to restored copyright under section A that are manufactured before the date of restoration of copyright or, with respect to reliance parties, before publication or service of notice under section A e , may be sold or otherwise disposed of without the authorization of the owner of the restored copyright for purposes of direct or indirect commercial advantage only during the month period beginning on—.

    Nothing in the preceding sentence shall apply to the rental, lease, or lending of a phonorecord for nonprofit purposes by a nonprofit library or nonprofit educational institution.

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    CRS: Perjury Uner Federal Law: A Sketch of the Elements, December 27, - WikiLeaks

    The transfer of possession of a lawfully made copy of a computer program by a nonprofit educational institution to another nonprofit educational institution or to faculty, staff, and students does not constitute rental, lease, or lending for direct or indirect commercial purposes under this subsection. C Nothing in this subsection affects any provision of chapter 9 of this title. B Not later than three years after the date of the enactment of the Computer Software Rental Amendments Act of , and at such times thereafter as the Register of Copyrights considers appropriate, the Register of Copyrights, after consultation with representatives of copyright owners and librarians, shall submit to the Congress a report stating whether this paragraph has achieved its intended purpose of maintaining the integrity of the copyright system while providing nonprofit libraries the capability to fulfill their function.

    Such report shall advise the Congress as to any information or recommendations that the Register of Copyrights considers necessary to carry out the purposes of this subsection.

    Perjury and Aggravated Perjury (Texas Penal Code offenses)

    Such violation shall not be a criminal offense under section or cause such person to be subject to the criminal penalties set forth in section of title Notwithstanding the provisions of section , the following are not infringements of copyright:. A the performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit educational institution;.

    B the performance or display is directly related and of material assistance to the teaching content of the transmission;. C the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to—. II does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination;. B the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions:.

    B communication by an establishment of a transmission or retransmission embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or, if an audiovisual transmission, by a cable system or satellite carrier, if—.

    I if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; or. II if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;.

    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; and. The exemptions provided under paragraph 5 shall not be taken into account in any administrative, judicial, or other governmental proceeding to set or adjust the royalties payable to copyright owners for the public performance or display of their works.

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    Royalties payable to copyright owners for any public performance or display of their works other than such performances or displays as are exempted under paragraph 5 shall not be diminished in any respect as a result of such exemption. The term does not refer to activities that use, in 1 or more class sessions of a single course, such works as textbooks, course packs, or other material in any media, copies or phonorecords of which are typically purchased or acquired by the students in higher education for their independent use and retention or are typically purchased or acquired for elementary and secondary students for their possession and independent use.

    A with respect to an institution providing post-secondary education, shall be as determined by a regional or national accrediting agency recognized by the Council on Higher Education Accreditation or the United States Department of Education; and. B with respect to an institution providing elementary or secondary education, shall be as recognized by the applicable state certification or licensing procedures.

    For purposes of paragraph 2 , no governmental body or accredited nonprofit educational institution shall be liable for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material as authorized under paragraph 2.

    No such material stored on the system or network controlled or operated by the transmitting body or institution under this paragraph shall be maintained on such system or network in a manner ordinarily accessible to anyone other than anticipated recipients. No such copy shall be maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary to facilitate the transmissions for which it was made. Nothing in paragraph 11 shall be construed to imply further rights under section of this title, or to have any effect on defenses or limitations on rights granted under any other section of this title or under any other paragraph of this section.

    A where the carriage of the signals comprising the secondary transmission is not permissible under the rules, regulations, or authorizations of the Federal Communications Commission; or. B where the cable system has not deposited the statement of account and royalty fee required by subsection d. A A statement of account, covering the six months next preceding, specifying the number of channels on which the cable system made secondary transmissions to its subscribers, the names and locations of all primary transmitters whose transmissions were further transmitted by the cable system, the total number of subscribers, the gross amounts paid to the cable system for the basic service of providing secondary transmissions of primary broadcast transmitters, and such other data as the Register of Copyrights may from time to time prescribe by regulation.

    In determining the total number of subscribers and the gross amounts paid to the cable system for the basic service of providing secondary transmissions of primary broadcast transmitters, the cable system shall not include subscribers and amounts collected from subscribers receiving secondary transmissions pursuant to section Such statement shall also include a special statement of account covering any non-network television programming that was carried by the cable system in whole or in part beyond the local service area of the primary transmitter, under rules, regulations, or authorizations of the Federal Communications Commission permitting the substitution or addition of signals under certain circumstances, together with logs showing the times, dates, stations, and programs involved in such substituted or added carriage.

    B Except in the case of a cable system whose royalty fee is specified in subparagraph E or F , a total royalty fee payable to copyright owners pursuant to paragraph 3 for the period covered by the statement, computed on the basis of specified percentages of the gross receipts from subscribers to the cable service during such period for the basic service of providing secondary transmissions of primary broadcast transmitters, as follows:. I the gross receipts and the distant signal equivalent values for such secondary transmission shall be derived solely on the basis of the subscribers in those communities where the cable system provides such secondary transmission; and II the total royalty fee for the period paid by such system shall not be less than the royalty fee calculated under subparagraph B i multiplied by the gross receipts from all subscribers to the system.

    D A cable system that, on a statement submitted before the date of the enactment of the Satellite Television Extension and Localism Act of , computed its royalty fee consistent with the methodology under subparagraph C iii , or that amends a statement filed before such date of enactment to compute the royalty fee due using such methodology, shall not be subject to an action for infringement, or eligible for any royalty refund or offset, arising out of its use of such methodology on such statement.

    1743. Perjury -- Overview Of 18 U.S.C. §1621 And 1623 Violations

    G A filing fee, as determined by the Register of Copyrights pursuant to section a. All funds held by the Secretary of the Treasury shall be invested in interest-bearing United States securities for later distribution with interest by the Librarian of Congress upon authorization by the Copyright Royalty Judges. A Any such owner whose work was included in a secondary transmission made by a cable system of a non-network television program in whole or in part beyond the local service area of the primary transmitter.

    B Any such owner whose work was included in a secondary transmission identified in a special statement of account deposited under paragraph 1 A. C Any such owner whose work was included in non-network programming consisting exclusively of aural signals carried by a cable system in whole or in part beyond the local service area of the primary transmitter of such programs.

    A During the month of July in each year, every person claiming to be entitled to statutory license fees for secondary transmissions shall file a claim with the Copyright Royalty Judges, in accordance with requirements that the Copyright Royalty Judges shall prescribe by regulation. Notwithstanding any provisions of the antitrust laws, for purposes of this clause any claimants may agree among themselves as to the proportionate division of statutory licensing fees among them, may lump their claims together and file them jointly or as a single claim, or may designate a common agent to receive payment on their behalf.

    B After the first day of August of each year, the Copyright Royalty Judges shall determine whether there exists a controversy concerning the distribution of royalty fees. If the Copyright Royalty Judges determine that no such controversy exists, the Copyright Royalty Judges shall authorize the Librarian of Congress to proceed to distribute such fees to the copyright owners entitled to receive them, or to their designated agents, subject to the deduction of reasonable administrative costs under this section. If the Copyright Royalty Judges find the existence of a controversy, the Copyright Royalty Judges shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of royalty fees.