See the few references I added in response to your first message. I believe
the ultimate source n the US is the 1976 act + CONTU recommendations that
were enacted into law, but I would have to double check. Note that one of
the references is a WIPO publication, referring to international law.

Thanks,
Van


On Sat, Mar 16, 2019 at 7:40 PM Bruce Perens <br...@perens.com> wrote:

> >  *First, would you please discuss whether there is a sufficient public
> performance right for software defined in 17 USC 106 (4), (5) and (6)? I
> read your discussion of Public Performance and was not enlightened.*
>
> The problem I'm having with this is that you tossed out "software is
> defined as a literary work" without explanation. Where? By Nimmer, or the
> Supreme Court? With existing case law of the use of public performance
> rights for software?
>
>     Thanks
>
>     Bruce
>
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