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 oThe UCLA library licenses the material on your behalf oA Creative Commons license grants permission  You have an implied license oLinking to, and looking at, online materials  There is another specific statutory exception o§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 = easy Online 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§110 Also 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”

Need Further Help? The UCLA Library can help with questions about using copyrighted material in your courses. us:

Questions? Thank You! Acknowledgements The preceding slides are based on the work of the UCLA Library Scholarly Communications Steering Committee. Photo from flickr: