Basics: Fair Use
Determining Fair Use
Exceptions for Libraries and Archives
Exceptions for the use of Materials
in an Educational Setting
for the Use of Materials in an Educational Setting
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.
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.
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
- 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.