Sec. 106. Exclusive rights in copyrighted works
Subject to sections 107 through 121, the owner of
copyright under this title has the exclusive rights to do and to authorize any
of the following:
(1)
to reproduce the copyrighted work in
copies or phonorecords;
(2)
to prepare derivative works based
upon the copyrighted work;
(3)
to distribute copies or phonorecords of the copyrighted work to the
public by sale or other transfer of ownership, or by rental, lease, or lending;
(4)
in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and motion pictures and other
audiovisual works, to perform the copyrighted work publicly;
(5)
in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and pictorial, graphic, or sculptural works, including the
individual images of a motion picture or other audiovisual work, to display the
copyrighted work publicly; and
(6)
in the case of sound recordings, to
perform the copyrighted work publicly by means of a digital audio transmission.
Sec. 107. - Limitations on
exclusive rights: Fair use
Notwithstanding
the provisions of sections 106 and 106A, the fair use of a copyrighted work,
including such use by reproduction in copies or phonorecords or by any other
means specified by that section, for purposes such as criticism, comment, news
reporting, teaching (including multiple copies for classroom use), scholarship,
or research, is not an infringement of copyright. In determining whether the
use made of a work in any particular case is a fair use the factors to be
considered shall include -
(1)
the purpose and character of the use,
including whether such use is of a commercial nature or is for nonprofit
educational purposes;
(2)
the nature of the copyrighted work;
(3)
the amount and substantiality of the
portion used in relation to the copyrighted work as a whole; and
(4)
the effect of the use
upon the potential market for or value of the copyrighted work.
The fact that a work
is unpublished shall not itself bar a finding of fair use if such finding is
made upon consideration of all the above factors.