from it; and

(2) any such copy or phonorecord is used solely for transmissions
authorized under section 110(8), or for purposes or archival
preservation or security; and

(3) the governmental body or nonprofit organization permitting any
use of any such copy or phonorecord by any governmental body or
nonprofit organization under this subsection does not make any charge
for such use.

(e) The transmission program embodied in a copy or phonorecord
made under this section is not subject to protection as derivative work
under this title except with the express consent of the owners of
copyright in the preexisting works employed in the program.


Section 113. Scope of exclusive rights in pictorial, graphic, and
sculptural work.

(a) Subject to the provisions of subsections (b) and (c) of this section,
the exclusive right to reproduce a copyrighted pictorial, graphic, or
sculptural work in copies under section 106 includes the right to
reproduce the work in or on any kind of article, whether useful or
otherwise.

(b) This title does not afford, to the owner of copyright in a work that
portrays a useful article as such, any greater or lesser rights with
respect to the making, distribution, or display of the useful article so
portrayed than those afforded to such works under the law, whether