Section 110 (1) of Title 17 of the US Code, also known as the Classroom Exception, allows for use of copyrighted materials in a classroom setting without permission.
(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;
-17 U.S. Code § 110
This means that, teachers and students are able to publicly perform or display copyrighted works within a class as long as:
- They are in a physical, face-to-face classroom
- They part of a non-profit educational institution
- The copy of the work being used was legally obtained
It is important to note, this does NOT apply to virtual/Zoom classrooms. For distance learning, please see the next section on the TEACH Act.
