work being prepared for commercial public performance

(4) the term “work being prepared for commercial public performance” means— (A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized public performance— (i) the copyright owner has a reasonable expectation of commercial public performance; and (ii) the copies or phonorecords of the work have not been commercially publicly performed in the United States by or with the authorization of the copyright owner; or (B) a motion picture, if, at the time of unauthorized public performance, the motion picture— (i) (I) has been made available for viewing in a motion picture exhibition facility; and (II) has not been made available in copies for sale to the general public in the United States by or with the authorization of the copyright owner in a format intended to permit viewing outside a motion picture exhibition facility; or (ii) had not been commercially publicly performed in the United States by or with the authorization of the copyright owner more than 24 hours before the unauthorized public performance.

Source

18 USC § 2319C(a)(4)


Scoping language

In this section
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