title 17 or the common law or statutes of a State, in effect on December
31, 1977, as held applicable and construed by a court in an action
brought under this title.

(c) In the case of a work lawfully reproduced in useful articles that
have been offered for sale or other distribution to the public, copyright
does not include any right to prevent the making, distribution, or
display of pictures or photographs of such articles in connection with
advertisements or commentaries related to the distribution or display
of such articles, or in connection with news reports.


Section 114. Scope of exclusive rights in sound recordings.

(a) The exclusive rights of the owner of copyright in a sound recording
are limited to the rights specified by clauses (1), (2), and (3) of section
106, and do not include any right of performance under section 106(4).

(b) The exclusive right of the owner of copyright in a sound recording
under clause (1) of section 106 is limited to the right to duplicate the
sound recording in the form of phonorecords, or of copies of motion
pictures and other audiovisual works, that directly or indirectly
recapture the actual sounds fixed in the recording. The exclusive right
of the owner of copyright in a sound recording under clause (2) of section
106 is limited to the right to prepare a derivative work in which the
actual sounds fixed in the sound recording are rearranged, remixed, or
otherwise altered in sequence or quality. The exclusive rights of the
owner of copyright in a sound recording under clauses (1) and (2) of
section 106 do not extend to the making or duplication of another sound
recording that consists entirely of an independent fixation of other