4 Individual Behavior Private Use and Fair Use and the System for Copyright ADDENDUM SECTIONS 106 107 AND 109 OF THE U S COPYRIGHT LAW The three sections of the U S copyright law that relate most directly to the conduct of members of the general public are reproduced in this ADDENDUM the exclusive rights of the copyright proprietor embodied in section 106 the four factors to be analyzed and balanced in evaluating fair use under section 107 and the first sale doctrine embodied in section 109 41 106 Exclusive rights in copyrighted works Subject to sections 107 through 120 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 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 3 subject to the limitations set forth in section 113 d shall have the right A to prevent any intentional distortion mutilation or other modification of that work which would be prejudicial to his or her honor or reputation and any intentional distortion mutilation or modification of that work is a violation of that right and B to prevent any destruction of a work of recognized stature and any intentional or grossly negligent destruction of that work is a violation of that right b SCOPE AND EXERCISE OF RIGHTS Only the author of a work of visual art has the rights conferred by subsection a in that work whether or not the author is the copyright owner The authors of a joint work of visual art are coowners of the rights conferred by subsection a in that work c EXCEPTIONS 1 The modification of a work of visual art which is a result of the passage of time or the inherent nature of the materials is not a distortion mutilation or other modification described in subsection a 3 A 2 The modification of a work of visual art which is a result of conservation or of the public presentation including lighting and placement of the work is not a destruction distortion mutilatio n or other modification described in subsection a 3 unless the modification is caused by gross negligence 3 The rights described in paragraphs 1 and 2 of subsection a shall not apply to any reproduction depiction portrayal or other use of a work in upon or in any connection with any item described in subparagraph A or B of the definition of work of visual art in section 101 and any such reproduction depiction portrayal or other use of a work is not a destruction distortion mutilation or other modification described in paragraph 3 of subsection a d DURATION OF RIGHTS 1 With respect to works of visual art created on or after the effective date set forth in section 610 a of the Visual Artists Rights Act of 1990 the rights conferred by subsection a shall endure for a term consisting of the life of the author 2 With respect to works of visual art created before the effective date set forth in section 610 a of the Visual Artists Rights Act of 1990 but title to which has not as of such effective date been transferred from the author the rights conferred by subsection a shall be coextensive with and shall expire at the same time as the rights conferred by section 106 3 In the case of a joint work prepared by two or more authors the rights conferred by subsection a shall endure for a term consisting of the life of the last surviving author 4 All terms of the rights conferred by subsectio n a run to the end of the calendar year in which they would otherwise expire e TRANSFER AND WAIVER 1 The rights conferred by subsection a may not be transferred but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author Such instrument shall specifically identify the work and uses of that work to which the waiver applies and the waiver shall apply only to the work and uses so identified In the case of a joint work prepared by two or more authors a waiver of rights under this paragraph made by one such author waives such rights for all such authors 2 Ownership of the rights conferred by subsection a with respect to a work of visual art is distinct from ownership of any copy of that work or of a copyright or any exclusive right under a copyright in that work Transfer of ownership of any copy of a work of visual art or of a copyright or any exclusive right under a copyright shall not constitute a waiver of the rights conferred by subsection a Except as may otherwise be agreed by the author in a written instrument signed by the author a waiver of the rights conferred by subsection a with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work or of ownership of a copyright or of any exclusive right under a copyright in that work 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