Exceptions for the Use of Materials in an Educational Setting
Section 110 of the Copyright Act outlines provisions for the performance and display of copyright-protected content in the classroom so long as certain requirements are met.
Section 110 (1) allows for the performance and display of copyright-protected works in face-to-face classroom settings, with some specific limitations related to the use of motion pictures.
Section 110 (2) applies to distance education, including any situation where students receive materials through digital transmission.
Requirements for the use of copyright-protected content in distance education:
- Be an accredited, non-profit educational institution.
- Develop and implement copyright policies.
- Provide students with information on copyright laws and compliance.
- Notify students that course materials may be subject to copyright protection.
- Use technical controls that limit access to copyright-protected content to enrolled students and that prevent storage and dissemination of copyright-protected works.
Permitted uses of copyright-protected content in the distance education:
- Performances of non-dramatic literary and musical works.
- Performances of “reasonable and limited portions” of any other type of work.
The TEACH Act amended sections 110(2) and 112(f) for distance learning.