Section 110(1) contains exemptions for the performance and display rights essential to nonprofit, educational “physical” classroom settings. Section 110(2), known as the TEACH Act, contains the exemptions for digital transmission of performances and displays of certain works in accredited, nonprofit online and distance education settings. The rights provided to educators under Section 110 are in addition to fair use.
The following chart is a brief summary of Sections 110 (1) and (2)
| SECTIONS OF COPYRIGHT LAW, U.S. CODE 17 | ||
| Face-to-Face: 110 (1) | Course Transmission: 110 (2) | |
| Eligibility | Nonprofit, Educational, Government | Accredited, Nonprofit, Educational, Governmental |
| Activity | Face-to-face teaching | Digital transmission controlled by, or under the supervision of the instructor; |
| Works Covered | All works | Nondramatic literary & musical works and limited portions of other works; display of all works |
| Limitations | Lawfully obtained copy; purpose is instructional not entertainment | Lawfully obtained copy; available to students no longer than class session; made by or under supervision of the instructor; display of work in an amount comparable to typical classroom setting; not applicable to works produced for online digital education market or works expected to be purchased by student (i.e., assigned textbook) |
| Where | Classroom or similar place devoted to instruction | Anywhere, an integral part of a transmitted class session; part of systematic mediated instructional activity; directly related to the teaching content |
| Who | Students and teachers | Students and teachers |