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1copyright, subject to various limitations provided for by law, the exclusive rights to do and to authorize any of the following: (a) to reproduce the copyrighted work in copies or phonorecords; (b) to prepare derivative works based upon the copyrighted work; (c) 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; (d) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; and (e) 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. 17 U.S.C. § 106; 90 Stat. 2546 (1976). Generally treated in tit. 17 U.S.C., 90 Stat. 2541 (1976).” Wesley Gilmer, Jr., The Law Dictionary (Cincinnati: Anderson, 1986), 88.

2 “To qualify as fair use, the use itself must first be for a protected use. Following are the kinds of protected uses that often qualify as fair uses:

  • Criticism or parody (e.g., a quote in a review for purposes of illustration or comment, or a parody of an original work)
  • News reporting (e.g., a summary of an address or article, with brief quotes, in a news article)
  • Classroom teaching (e.g., reproducing a small part of a work to illustrate a lesson)
  • Scholarship and research (e.g., a quote of a brief passage in a scholarly or technical work, for illustration or clarification of the author’s obervations). Lloyd J. Jassin and Steven C. Schechter, The Copyright Permission and Libel Handbook (New York: John Wiley & Sons, 1998), 26-27.