U.S. Copyright Law provides a number of exemptions for limited performances and displays of works. Two relevant exemptions in the context of teaching and learning are 110(1) and 110(2).

110(1): Allows an instructor or pupil to perform or display a work in the course of face-to-face teaching activities of a nonprofit educational institution. The performance or display must be made in a classroom or similar place devoted to instruction. This exemption does not cover performances of motion pictures or other audiovisual works if the copy being used was not lawfully made.

110(2): This exemption is also known as the TEACH Act and it permits certain performances or displays of works made in an online environment. The TEACH Act includes more limitations and requirements than the face-to-face exemption found in 110(1). Among the list of requirements needed to qualify for protection under the TEACH Act, transmissions must be made as an integral part of a class session, use may be limited to “reasonable and limited” portions of a work, and the qualifying institution must apply technical measures to reasonably prevent retention and further sharing of the work. For the full list of requirements, see the Using Materials in Distance Leaning handout from Copyright Services.

More information:

• Copyright Services: Online Learning
• Handout: Using material in distance learning: A guide to 110(2) (the TEACH Act)

Section 108 of U.S. Copyright Law establishes certain conditions under which libraries and archives can provide copies of works to patrons, including scans through Interlibrary Loan. This exception may support research and scholarship.

Under 108(d), a copy of a single article from a journal or small portion of a book may be provided if it becomes the property of the patron and the qualifying library has no knowledge the work would be used for any purpose other than private study, scholarship, or research. Section 108(e), with the same restrictions in place, applies to copies of a whole or substantial portion of a work that cannot be obtained at a fair price.

More information:

• Copyright Services: Use by Libraries
• Section 108 Spinner (ALA): an interactive tool to navigate Section 108