by the United States government

“ The ‘‘Berne Convention’’ is the Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto. The ‘‘best edition’’ of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes. A person's ‘‘children’’ are that person’s immediate offspring, whether legitimate or not, and any children legally adopted by that person. ”

“ A ‘‘device’’, ‘‘machine’’, or ‘‘process’’ is one now known or later developed. A ‘‘digital transmission’’ is a transmission in whole or in part in a digital or other nonanalog format. To ‘‘display’’ a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. ”

“ Definition of "Berne Convention work" A work is a "Berne Convention work" if—
(1) in the case of an unpublished work, one or more of the authors is a national of a nation adhering to the Berne Convention, or in the case of a published work, one or more of the authors is a national of a nation adhering to the Berne Convention on the date of first publication; (2) the work was first published in a nation adhering to the Berne Convention, or was simultaneously first published in a nation adhering to the Berne convention and in a foreign nation that does not adhere to the Berne Convention ”

“ For purposes of section 411, a work is a ‘‘United States work’’ only if— A ‘‘useful article’’ is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. ”

“ To ‘‘transmit’’ a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. A ‘‘treaty party’’ is a country or intergovernmental organization other than the United States that is a party to an international agreement. ”

“ A ‘‘food service or drinking establishment’’ is a restaurant, inn, bar, tavern, or any other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink, in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly. ”

“ A ‘‘derivative work’’ is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. ”

“ A ‘‘collective work’’ is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A ‘‘compilation’’ is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. ”

“ The term ‘‘motion picture exhibition facility’’ means a movie theater, screening room, or other venue that is being used primarily for the exhibition of a copyrighted motion picture, if such exhibition is open to the public or is made to an assembled group of viewers outside of a normal circle of a family and its social acquaintances. ”