What is copyright infringement?

Copyright infringement is the unauthorized exercise of any of the exclusive rights of copyright ownership. This means that doing any of the following acts without the copyright owner’s permission may constitute copyright infringement:

  • Reproduction (making a copy of the work);
  • Distribution of a copy of the work;
  • Creation of a derivative work based on the work;
  • Public display of the work or a copy of it;
  • Public performance of a work other than a sound recording; or
  • Public performance of a sound recording via digital audio transmission (livestreaming).

There are some defenses and statutory exemptions from infringement liability that may apply in some circumstances. The most notable of these is Fair Use. In addition, Congress has established a system of compulsory licensing for certain kinds of works and a fair number of other kinds of statutory licenses and exemptions, some of which are very detailed and complex.