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.

(10) notwithstanding paragraph 4 above, 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.


Section 111. Limitations on exclusive rights: Secondary transmissions.

(a) Certain Secondary Transmissions Exempted. - The secondary
transmission of a primary transmission embodying a performance or
display of a work is not an infringement of copyright if -

(1) the secondary transmission is not made by a cable system, and
consists entirely of the relaying, by the management of a hotel,
apartment house, or similar establishment, or signals transmitted
by a broadcast station licensed by the Federal Communications