Copyright Exemptions for Distance Education: 17 U.S.C. ? 110(2), the Technology, Education, and Copyright Harmonization Act of 2002

Publication Date: July 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Education; Law and ethics

Type:

Abstract:

The Technology, Education, and Copyright Harmonization Act of 2002 (TEACH Act) updated 17 U.S.C. Section 110(2), the first distance education exemption under copyright law, to permit accredited nonprofit institutions to transmit copyrighted works during distance education programs without having to obtain the prior permission of the copyright holder, under certain limited conditions and in accordance with specified statutory procedures. This report provides a summary and analysis of the provisions of the TEACH Act, including an explanation of the types of works exempted for distance education purposes, the conditions and limitations placed on the ability to use exempted works, the exemption eligibility requirements for distance educators and students, the limitations on copyright infringement liability of eligible claimants, and the mandatory procedural requirements that transmitting institutions must follow to safeguard copyrighted materials from infringement.

In addition, the report examines the potential effect on the rights granted by the TEACH Act that may be posed by the proposed "broadcast flag," a content protection technology designed to limit copying, editing, retention, and other activities regarding the use of digitally broadcast television programs. Congressional interest in authorizing the use of the broadcast flag for digital television transmissions has raised the concern of librarians and educators over whether such technology may impede their ability to use digital television content for educational purposes, including distance education programs pursuant to the TEACH Act.

Legislation introduced in the 109th Congress, S. 2686, the Communications, Consumer's Choice, and Broadband Deployment Act of 2006, includes a provision that would grant the Federal Communications Commission (FCC) the authority to adopt regulations giving television broadcasters the right to use the broadcast flag in their digital transmissions. At the same time, however, the bill directs the FCC to issue regulations that would expressly permit the use of broadcast-flagged digital television transmissions by government bodies and accredited nonprofit educational institutions for distance education purposes under the TEACH Act.