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

Summary

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.