Copyright Issues in Teaching with Technology

Face-to-face Teaching Exemption
Fair use for the most part involves reproduction of protected materials. Public performance and display of copyrighted works is a different matter entirely, and classrooms are considered public. Section 110 permits the performance or display of a work during the face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, with a lawfully-made copy (if applicable). This section covers activities such as the reading aloud of literature, performance of dramatic works by class members (but not by actors not associated with the class), performance of compositions in music classes, and display of videotapes and other audiovisual materials. As with the duplication of materials, permission should be sought in cases of performance or display that do not appear to comply with these conditions.

The House of Representatives Report (94-1476) accompanying the 1976 law noted specifically that the face-to-face teaching exemption did not extend to the transmission of audiovisual materials into the classroom from a location outside the building. This is problematic for libraries and media centers that transmit videotapes from centralized collections into classrooms via campus networks. The distribution of materials in this manner requires specific licensing agreements with the copyright holders.

Section 110 cannot be applied to training events that take place in for-profit settings, for example in proprietary institutions and industry. Classroom display of materials such as videotapes in for-profit locations should be covered by licensing agreements when the materials are purchased.

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