TITLE 17 CHAPTER 1 Sec.
107.
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.
TITLE 17 CHAPTER 1 Sec.
106.
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
TITLE 17 CHAPTER
1 Sec. 106A.
Sec. 106A. - Rights of certain authors to
attribution and integrity
(a) Rights of Attribution and Integrity.
-
Subject to section 107 and independent of the
exclusive rights provided in section 106, the author of a work of visual art -
(1) shall have the right -
(A) to claim authorship of that work,
and
(B) to prevent the use of his or her
name as the author of any work of visual art which he or she did not create;
(2) shall have the right to prevent the
use of his or her name as the author of the work of visual art in the event of a
distortion, mutilation, or other modification of the work which would be
prejudicial to his or her honor or reputation; and
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