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Copyright: Section 110 & the TEACH Act

Section 110

This exemption is for educators allowing them to display or perform works in a class.

Coverage:

  • Music
  • Movies
  • Images
  • Poetry or other readings

Requirements:

  • Only applicable to non-profit educational institutions
  • Must be exclusively in a face-to-face class
  • Must have a teacher/professor present
  • Must take place in a classroom or other location devoted to teaching (e.g. library)
  • Copy must be legally obtained

TEACH Act

This is designed to move Section 110 from a face-to-face class to an online class.

Covers:

  • Music
  • Movies
  • Images
  • Poetry or other readings

Institutional Requirements:

Instructor Requirements:

  • All materials must be legally obtained.
  • Non-profit educational institution must be accredited (for higher education, accreditation must be by at the institutional level by a regional or national accrediting agency recognized by the Council on Higher Education and Accreditation or the U.S. Department of Education).
  • Use must be integral to the course under the direction of the course instructor.
  • For dramatic literary works (play, opera, movie, etc.) use must be of a small, discrete portion of the work unless display of the entire work is essential to the course.
  • Digital transmission is made only for enrolled students.
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