17.2 Copyright—Defined (17 U.S.C. § 106)
Copyright is the exclusive right to copy. This right to copy includes the exclusive right[s] to [, or to authorize others to]:
[1.] [reproduce the copyrighted work in [copies] [phonorecords];]
[2.] [[recast, transform, or adapt the work, that is] prepare derivative works based upon the copyrighted work;]
[3.] [distribute [copies] [phonorecords] of the copyrighted work to the public by [sale or other transfer of ownership] [or by] [rental or lease or lending];]
[4.] [perform publicly a copyrighted [literary work] [musical work] [dramatic work] [choreographic work] [pantomime work] [motion picture] [or] [specify other audiovisual work];]
[5.] [display publicly a copyrighted [literary work] [musical work] [dramatic work] [choreographic work] [pantomime work] [pictorial work] [graphic work] [sculptural work] [individual image of a motion picture] [or] [specify other audiovisual work]; and]
[6.] [perform a sound recording by means of digital audio transmission].
It is the owner of a copyright who may exercise [this] [these] exclusive right[s]. The term “owner” includes [the author of the work] [an assignee] [an exclusive licensee]. In general, copyright law protects against [reproduction] [adaptation] [public distribution] [public performance] [public display] of identical or substantially similar content from owner’s copyrighted work without the owner’s permission. An owner may enforce the[se] right[s] to exclude others in an action for copyright infringement.
Comment
This instruction identifies the types of rights involved in the term “copyright.” See Kalantari v. NITV, Inc., 352 F.3d 1202, 1207-08 (9th Cir. 2003) (“Upon obtaining a copyright, an author automatically acquires certain rights that are inherent in the very nature of a copyright. Specifically, the copyright owner obtains the six exclusive rights of copyright . . . as well as the right to transfer any or all of those rights . . . .” (citation omitted)).
There are exceptions to these “exclusive” rights. See, e.g., 17 U.S.C. §§ 107-122. For definitions of various terms used in this instruction, including phonorecords and digital transmission, see 17 U.S.C. § 101.
Revised September 2025