Distance Education (Section 110(2))
8.5. Section 110(2)
The TEACH Act
- Mediated instruction
- Accredited non-profit educational institution
- Most categories of works
- Anywhere
- To students or government employees
- Prevent re-transmission and retention
- Institutional policies
As enacted by Congress in 1976, the Copyright Act imposed limits on the types of materials that could be used for distance education, and to whom those materials could be transmitted. This changed with the 2002 enactment of the Technology, Education, and Copyright Harmonization Act, known colloquially as the TEACH Act.[1] The TEACH Act broadened the section 110(2) instructional broadcasting exemption to permit the transmission of more materials to more people in more places.
Section 110(2) permits performances of non-dramatic literary or musical works, and also reasonable and limited portions of most other types of works. As for displays, the amount of a work is limited to what typically is displayed in the course of a live classroom transmission. Such performances or displays are permitted when:
- the performance or display is made by, at the direction of, or under the supervision of an instructor as an integral part of a class session that is a regular part of systematic mediated instructional activities of a governmental body or accredited nonprofit educational institution.Post-secondary schools must be accredited by a regional or national accrediting agency recognized by the Council of Higher Education or the U.S. Department of Education. As for elementary and secondary schools, accreditation refers to those which are recognized by state certification or licensing procedures.
- ↑ Pub. L. No. 107-273, § 13301(b), 116 Stat. 1758, 1910–12 (2002).
