What are the exceptions to the right to reproduce?
There are several exceptions to an author’s exclusive right to reproduce. Principally among the exceptions are:
(1) With regard to reproducing computer programs, the lawful owner of a protected program is permitted to make copies of the program if it is an essential step in using the program on a computer. For example, many programs must be copied from disk to the computer’s hard drive, and a user cannot be held liable for copyright infringement for the simple act of copying the program from the disk to the hard drive. In addition, the lawful owner is permitted to make a single copy of the program for archival purposes, without infringing the program’s owner’s copyright.
(2) With regard to the reproduction of pictorial, graphic and sculptural works, it is not infringement for someone to copy any useful objects portrayed by the work. For example, if you purchase an instructional blueprint, you can build the model shown in the blueprint without violating the blueprint’s copyright. In addition, if a pictorial, graphic or sculptural work incorporates a useful object, you can use a picture or photograph of the work for advertisements, news reports, etc.
(3) With regard to the reproduction of architectural works, you can make, distribute and display painting and photographs of a protected work if it is normally visible from a public place.
(4) For libraries and similar archiving entities, there are safe harbors which allow these entities to reproduce protected works and distribute them for certain noncommercial purposes.