Which of the following is NOT one of the six exclusive rights under U.S. Copyright law?

Which of the following is NOT one of the six exclusive rights under U.S. Copyright law?

• A. Fair Use
• B. Reproduction
• C. Public Display
• D. Public Performance of Digital Audio Transmissions

Answer: (A)

The concept being tested is the difference between the rights a copyright owner holds and exceptions like Fair Use. The six exclusive rights grant the owner control over uses of the work: reproducing it, creating derivative works, distributing copies, performing it publicly, displaying it publicly, and, for sound recordings, performing the work publicly by digital audio transmission. Fair Use is not one of these rights; it’s a limited defense that allows certain uses without permission under specific circumstances (factors like purpose, nature, amount used, and the effect on the market are weighed). So Fair Use is the correct answer because it’s not an exclusive right, whereas reproduction, public display, and public performance of digital audio transmissions are all among the six exclusive rights.

The concept being tested is the difference between the rights a copyright owner holds and exceptions like Fair Use. The six exclusive rights grant the owner control over uses of the work: reproducing it, creating derivative works, distributing copies, performing it publicly, displaying it publicly, and, for sound recordings, performing the work publicly by digital audio transmission. Fair Use is not one of these rights; it’s a limited defense that allows certain uses without permission under specific circumstances (factors like purpose, nature, amount used, and the effect on the market are weighed). So Fair Use is the correct answer because it’s not an exclusive right, whereas reproduction, public display, and public performance of digital audio transmissions are all among the six exclusive rights.