Copyright Guidelines

VII.  Performances

A. In the Classroom

Section 110 is very clear that the scope of performance rights in the classroom is very broad. The only limitation is that a legitimate copy must be used.

B. Transmission

When discussing the use of the web to augment the delivery of classroom materials, or in connection with distance education, all portions of a non-dramatic work may be transmitted as long as the display is an integral part of the class and teaching content, the transmission is solely for students in the class, and technological measures are implemented that prevent retention of the work in accessible form and prevent further dissemination of the work. With respect to dramatic works, only a reasonable portion of the work may be transmitted. Section 110 was amended by The TEACH Act (see Resources) which imposes a number of limitations upon transmissions of performances. 

C. Public Performances Outside the Classroom
Copyright permission must be obtained for all public performances of dramatic literary or musical works that are not in the public domain and that are not part of classroom instruction.

Note that fair use may still apply in any of the above contexts.  An example might be showing a film on campus (but not in the classroom) when the film to be shown is an orphan work and the copyright owner cannot be determined. In this instance, fair use is likely to apply. See the four factor test codified at Section 107 of the copyright law. 

Definitions:

Nondramatic works exclude audiovisual works but includes works such as poetry, short story, and non-dramatic musical works.  Musical compositions are considered non-dramatic musical works.

Dramatic works inlcudes all audiovisual works such as films, videos, opera, music videos, and musicals.

*The TEACH Act modifies section 110(2) of the copyright act which pertains to transmissions of performances and displays of copyrighted works. To transmit a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. Therefore, any time the performance or display of a copyrighted work is transmitted, TEACH is potentially implicated. This would include “distance education courses”, “traditional” courses with an online component, cable TV courses, and so forth.

Checklist for Compliance with Teach Act

Teach Act FAQ