Exemption for Classroom Teaching:Section 110 of the Copyright Law

(including The TEACH Act)

Insert Date

Insert Instructors’ Names / Titles

The following slides are based on the work of the UCLA Library Scholarly Communications Steering Committee

Today’s Objectives

Face-to-face teaching exception allowed under §110

Look closely at “the Teach Act” – paragraph 2 of §110– which governs:• Library electronic reserves • Course management systems

Quickly review the rest of §110

Disclaimer

I am not an attorney, and cannot offer legal advice.

The following information is presented to educate about copyright law and institutional policy in general terms. If you are unclear about your

options when confronted with a specific legal issue related to copyright, you are urged to consult with an attorney with a background in copyright law.

Before weighing the limits of §110, remember: It’s free to use if…

You are the copyright owner You have express permission

o The UCLA library licenses the material on your behalfo A Creative Commons license grants permission

You have an implied licenseo Linking to, and looking at, online materials

There is another specific statutory exceptiono §107: the Fair Use doctrine

The work is in the Public Domain

ARL’s

“Know Your Copy Rights”

Brochure

Handy Tools

Exemption for Classroom Teaching §110 (1) Limitation on

exclusive rights:performance or display of a work by

instructors or pupils in face-to face teaching at a nonprofit

educational institution

Important Condition:For use of a motion picture or

audiovisual work, the copy used in the classroom must be

lawfully obtained (includes purchases and rentals)

Exemption for Classroom Teaching

Face-to face teaching = easyOnline teaching = trickier

The TEACH Act The Technology, Education and Copyright Harmonization

Act of 2002

Meant to clarify and expand the exemptions for virtual classroom teaching, the TEACH Act made significant changes to the Copyright Act§110(2), and is meant to

govern the use of copyrighted material within:• Distance Education (purely online courses)• Hybrid courses (in-person courses w/ online

components in a Course Management System)• Electronic reserves run by academic libraries

Overview of §110(2) Allows for , “by or in the course of a transmission,”:• Performance or Display of “nondramatic literary or musical work(s)”• Performance of “reasonable and limited portions of any other work” • Display of “a work in an amount comparable to that which is

typically displayed in the course of a live classroom session”Except:• “a work produced or marketed primarily for performance or display as

part of mediated instructional activities transmitted via digital networks”

And• All transmissions must be from legally acquired copies

(Additional Conditions on the following slides)

Overview of §110(2) Additional conditions:

• Performance must be “an integral part of a class session offered as a regular part of the systematic mediated instructional activities,” and

• “directly related and of material assistance to the teaching content of the transmission.”

• The transmission should be limited to the students in the class “to the extent technologically feasible.”

(More Additional Conditions on the following slides)

Overview of §110(2) Additional conditions:

The educational institution must:• Be accredited and nonprofit• Institute policies regarding copyright• Provide informational materials on copyright

compliance to faculty and staff• Provide notice to students that materials in class

may be subject to copyright protection(Yet More Conditions on the following slide)

Overview of §110(2) Additional conditions:

The educational institution:• Must not store digital copies beyond period of

transmission• Must apply technological measures that reasonably

prevent : Access beyond the class session Unauthorized further dissemination

• Must not interfere with technological protection measures in the copyrighted material

Overview of §110(2) An important caveat found at the end of §110:

[T]he term “mediated instructional activities” with respect to the performance or display of a work by digital transmission under this section …does not refer to activities that use, in 1 or more class sessions of a single course, such works as textbooks, course packs, or other

material in any media, copies or phonorecords of which are typically purchased or acquired

by the students …

Implications of §110(2)

Even if institutions meet the policy and technical requirements of §110(2),

many find it too restrictive, and often choose (sometimes as a matter of

policy) to instead provide access to materials under the provisions of the

Fair Use doctrine in §107.

This is, of course, not without controversy.

The rest of§110Also covered in this section are limited exceptions for performances and displays:

• In places of worship• Of certain free and nonprofit performances• On televisions in restaurants and bars• At private social events• For the blind, deaf or handicapped

Key Online Resource

The ALA Copyright Advisory Network’s “Exceptions for Instructors eTool”

http://www.librarycopyright.net/edexceptions

Need Further Help?

The UCLA Library can help with questions about using copyrighted material in your

courses.

email us: copyright@library.ucla.edu

Questions?

Thank You!

Acknowledgements

The preceding slides are based on the work of the

UCLA Library Scholarly Communications Steering Committee.

Photo from flickr: http://www.flickr.com/photos/marcobellucci/3534516458/