| is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise. |
§ 106. Exclusive rights in copyrighted works
| Subject to sections 107 through 118, 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; and |
| (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. |
§ 107. Limitations on exclusive rights: Fair use
| Notwithstanding the provisions of section 106, 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. |
§ 108. Limitations on exclusive rights: Reproduction by libraries and archives
| (a) | Notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, or to distribute such copy or phonorecord, under the conditions specified by this section, if− |
| (1) | the reproduction or distribution is made without any purpose of direct or indirect commercial advantage; |
| (2) | the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a |
