C. U.S. Copyright Law Section 110: Exemption of certain performances and displays

Section 110 (1) contains exemptions for the performance and display rights essential to nonprofit, educational “physical” classroom settings. Section 110 (2) contains the exemptions for digital transmission of performances and displays of certain works in accredited, nonprofit online and distance education settings.

The following chart is a brief summary of the comparison between Sections 110 (1) and (2)

  Face-to-Face: 110 (1) Course Transmission: 110 (2)
Eligibility Nonprofit, Educational Accredited, Nonprofit, Educational, Governmental
Activity Face-to-face teaching Digital transmission controlled by, or under the actual supervision of the instructor;
Works Covered All works Nondramatic literary & musical works and limited portions of other works; display of all works
Limitations Lawfully obtained copy; purpose is instructional not entertainment Lawfully obtained copy; available to students no longer than class session; made by or under supervision of the instructor; display of work in an amount comparable to typical classroom setting.
Where Classroom or similar place devoted to instruction An integral part of a transmitted class session; part of systematic mediated instructional activity; directly related to the teaching content
Who Students and teachers Students and teachers

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