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Copyright 101:
The "Exclusive Rights" Authorized by Copyright: What is a violation of a copyright holder's exclusive rights

U.S. copyright law creates five "exclusive rights" that apply to almost every copyright holder, and a few other rights which apply less broadly. The five major rights are set out in section 106 of the Copyright Act.

Reproduction (or copying)

Copyright holders have the exclusive right to "reproduce the copyrighted work in copies or phonorecords". This is called the "reproduction right" or the right to copy.

Distribution Right

Copyright holders also have the right 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".

The distribution right often goes hand in hand with the reproduction right, since in many cases, unauthorized reproductions only affect the copyright owner or become known to her once there are multiple reproductions that are also distributed.

Derivative Works Right

The right "to prepare derivative works based upon the copyrighted work" is intended to let copyright holders fully exploit their work in different media, languages, or fomats. Examples include translations, abridgments, musical arrangements, and motion picture versions.

The derivative work right is broad, and sometimes it is difficult to draw the line between a "derivative work" and a new work that references the original. Because fair use claims are particularly strong where the new work is highly transformative, we might conceive of a continuum: on one side are highly transformative works that enjoy fair use protection; on the opposite end are works that derive much of their content and marketability from the original, and therefore violate copyright.

Public Display & Performance Rights

The public display and performance rights give copyright owners the exclusive right to show their work to members of the public. This includes screenings, performances, museum exhibitions, and transmissions such as streaming a video over the Internet to a public location.

The meaning of "display" and "perform" are fairly obvious in physical media. On the Internet, a performance or display may simultaneously be a distribution, and each of these "rights" needs to be examined separately.

The meaning of "public" may also be a source of confusion. The law defines "publicly" broadly to include "open to the public" or where "a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered". A small gathering of friends in one's living room would not be "open to the public". An open air screening in the town square would probably be "open to the public". In between — large parties, weddings, or other private functions with many attendees — is a grey area.

Other Rights

Copyright holders have other rights, depending on the specific medium they're using. The copyright holder of a sound recording may publicly perform the work digitally. This affects online transmissions of music and live performances.

There are a few rights that pertain only to the original creator, not the copyright owner. For instance, visual artists have the right to claim authorship of the work, regardless of who holds the copyright or owns the physical object.