TEACH ACT OF 2002
This chart has been developed by Laura N. Gasaway at University of North Carolina. Original on the web at: www.unc.edu/%7Eunclng/TEACH.htm.
COMPARISON -- SECTIONS 110(1)-(2)Laura N. Gasaway, November 25, 2002TEACH ACT - AMENDED SECTION 110(2)Signed into law November 2, 2002
| ISSUE | § 110(1) CLASSROOM EXEMPTION | OLD § 110(2) INSTRUCTIONAL BROADCASTING | NEW
§ 110(2)
TEACH ACT |
| ELIGIBILITY | Nonprofit educational institutions | Nonprofit educational institutions & government bodies | Accredited nonprofit educational institutions & government bodies |
| ACTIVITY | Face-to-face teaching | Transmissions of performances & displays for instruction | Transmissions & over digital networks |
| WORKS
COVERED |
All works | Limited to performance of nondramatic literary & musical works but display of all works | Same + reasonable & limited portions of other works – except works produced of marketed primarily for display as part of mediated instructional activity via digital network |
| LIMITATIONS | For instruction, not entertainment | Systematic instruction, directly related & of material assistance to teaching content | Display of any work in
amount comparable to that typically displayed in live classroom.
Performance of reasonable & limited portions of all except nondramatic literary & musical works (full for these) |
| GENERAL
LIMITATION |
None |
None
|
(1) Systematic
mediated instructional activity
(2) At direction of or under actual supervision of instructor (3) Integral part of class session |
| COPY RESTRICTIONS | For audiovisual works, copy must have been lawfully made | None | For all works, copy must have been lawfully made |
| WHERE | In a “classroom” | In a classroom or other place normally devoted to instruction, or anywhere for disabled recipients or those with other special circumstances prevent attendance in classroom | Anywhere but with technological conditions met |
| WHO | Students & teachers | Students, teachers, government employees in the course of their employment | Solely for students officially enrolled in course or officers or government employees as part of official duties or employment |
| TECHNOLOGICAL RESTRICTIONS | No transmission | None | (1) Apply technological
measures that reasonably prevent recipients from retaining works beyond
the class session & further distributing them
(2) No interference with technological protections taken by copyright owner that prevent retention & distribution |
| DIGITIZING WORKS | Not mentioned | Not permitted | Okay to digitize portion
of analog work in amount authorized under § 110(2) if:
(1) No digital version is available or (2) Digital version available subject to technological measures that prevent its DE use |
| LIABILITY | Infringement | Infringement | Infringement, but not
for:
(1) Automatic transient or temporary storage or (2) Loading copies of works that embody § 110(2) authorized performances |