person would be able to use the abstract instead of the original work, the more likely the abstract would be deemed a derivative work. The longer and more comprehensive the abstract is, the greater the chance it will be considered a derivative work. But even a short abstract still distills the essence of the original work—one which can substitute quite well for the original work—may also be considered a derivative work.
The Bottom Line: You may create a summary or abstract of a copyrighted work without permission if it is not a derivative work that can substitute for the original. A librarian may summarize individual journal articles, and also create annotated bibliographies from numerous articles on the same topic. But a one-page abstract that distills the essence of a five-page article and that can substitute for the original is probably a derivative work. Keep your abstracts brief. Whet the reader's appetite, but do not fill his or her stomach.
Distribution and the First Sale Doctrine (Sections 106(3) and 109)
2.2 Section 109
First Sale Doctrine
Owner may sell or otherwise dispose of a lawful copy:
- but may not lease or lend sound recordings or computer programs for direct or indirect commercial advantage
- library/school lending exemption of sound recordings and computer programs is permitted
Under section 106(3) of the Copyright Act, the right to distribute a copyrighted work is reserved to the copyright owner. But the distribution is limited by the "first sale doctrine", found in section 109 of the Act.
The first sale doctrine permits the owner of a lawfully made copy of a copyrighted work to lease, lend, rent, sell, or otherwise dispose of the copy
