Copyright: Section 110 & the TEACH Act

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

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:

• Institution must have a copyright policy (see https://www.sdstate.edu/sites/default/files/2017-11/copyright_policy.pdf) and resources to promote lawful use of copyrighted materials (see https://libguides.sdstate.edu/copyright and http://libguides.sdstate.edu/copyright-guidelines).
• Works must be labeled as protected by copyright, especially when they are in digital format.
• Institutions must use technological protection measures such as passwords, watermarking, or encryption to reasonably prevent:
  • retention of the work in accessible form for any time longer than the class session
  • unauthorized further dissemination of the work to others
  • any existing encryption or other protection must not be interfered with.

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.