TEACH ACT - AMENDED SECTION 110(2)
                Signed into law November 2, 2002
Laura N. Gasaway                                                                                                                November 25, 2002
                                              COMPARISON -- SECTIONS 110(1)-(2)
 
ISSUE § 110(1) CLASSROOM EXEMPTION OLD § 110(2) INSTRUCTIONAL BROADCASTING NEW § 110(2) 
TEACH ACT
ELIGIBILITY Nonprofit educational institutions Nonprofit educational institutions & government bodies Accredited nonprofit educational institutions & government bodies
ACTIVITY Face-to-face teaching  Transmissions of performances & displays for instruction Transmissions & over digital networks
WORKS
COVERED
All works Limited to performance of nondramatic literary & musical works but display of all works Same + reasonable & limited portions of other works – except works produced of marketed primarily for display as part of mediated instructional activity via digital network
LIMITATIONS For instruction, not entertainment Systematic instruction, directly related & of material assistance to teaching content Display of any work in amount comparable to that typically displayed in live classroom.
Performance of reasonable & limited portions of all except nondramatic literary & musical works (full for these)
GENERAL
LIMITATION
None

None

 

(1)  Systematic mediated instructional activity
(2)  At direction of or under actual supervision of instructor
(3) Integral part of class session
COPY RESTRICTIONS For audiovisual works, copy must have been lawfully made  None For all works, copy must have been lawfully made
WHERE In a “classroom”  In a classroom or other place normally devoted to instruction, or anywhere for disabled recipients or those with other special circumstances prevent attendance in classroom Anywhere but with technological conditions met
WHO Students & teachers Students, teachers, government employees in the course of their employment Solely for students officially enrolled in course or officers or  government employees as part of official duties or employment
TECHNOLOGICAL RESTRICTIONS No transmission None  (1) Apply technological measures that reasonably prevent recipients from retaining works beyond the class session & further distributing them
(2) No interference with technological protections taken by copyright owner that prevent retention & distribution
DIGITIZING WORKS Not mentioned Not permitted  Okay to digitize portion of analog  work in amount authorized under § 110(2) if:
(1) No digital version is available or
(2) Digital version available subject to technological measures that prevent its DE use
LIABILITY Infringement Infringement  Infringement, but not for:
(1)  Automatic transient or temporary storage or
(2)  Loading copies of works that embody § 110(2) authorized performances