ClearOne Digital Media - Manual (Page 36)

Notwithstanding the provisions of section 106, the following is not an infringement of
copyright: (1) performance or display of a work by instructors or pupils in the course of face-
to-face teaching activities of a nonprofit educational institution, in a classroom or similar place
devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the
performance, or the display of individual images, is given by means of a copy that was not
lawfully made under this title, and that the person responsible for the performance knew or
had reason to believe was not lawfully made;...
(Title 17, U.S.C., Copyrights, Section 110 (1), Limitations on exclusive rights: Exemption of
certain performances and displays)
Does the face-to-face teaching exemption apply to distance education?
No, the Technology, Education and Copyright Harmonization (TEACH) Act provides a more
limited right to use copyrighted material in distance education by accredited nonprofit
institutions providing certain conditions have been met. The law permits the performance of
nondramatic literary and musical works and “reasonable and limited portions” of dramatic
and audiovisual works “in an amount comparable to that which is typically displayed in
the course of a live session.” Educational materials marketed as “mediated instructional
activities transmitted via digital network” may not be used.
In order to take advantage of these exemptions there are many requirements including:
1) Access must be limited to enrolled students within class sessions; 2) Technological
protection measures must be put in place to prevent recipients from further distributing the
works; and 3) Institutions must institute copyright policies, provide information on copyright
compliance, and provide “notice to students that materials used in connection with the
course may be subject to copyright protection.”
The TEACH Act was enacted in October, 2002, and is a completely revised version of
Section 110(2) of the U.S. Copyright Act.
It should be noted that the TEACH Act does not restrict the law of fair use, which may allow
performances beyond those allowed by the TEACH Act.
Video specific Copyright information
Since there are specific uses where copyright material may be viewed in a public
performance setting it is important to consult an attorney for expert legal advise before
proceeding with your project. What follows is designed to provide an overview of copyright
issues in public performance situations.
A copyrighted video recording is a property right that gives the copyright owner of an
original work a bundle of exclusive rights. Which include the right to authorize or prohibit
reproduction, derivative works, distribution, and public performance or display of that work.
pg 36 StreamNet Digital Media and System Design Reference Guide
Public Performance Rights