The TEACH Act: Section 110(2) of the Copyright Act

The Technology, Education and Copyright Harmonization Act (aka TEACH Act) was enacted eight years (2002) ago as an amendment to Section 110(2) of the Copyright Act.  It is, in fact, simply the current version of Section 110(2) and is not a separate law.  Referencing the TEACH Act, after so many years, as the TEACH Act, has actually become misleading at this point.  It is more accurate, when considering whether or not to transmit performances and displays of copyrighted materials - such as those used in online courses - to assess the options as follows:

1. Is permission required from the copyright holder?

2. Does the proposed use constitute a fair use as outlined in Section 107 of the Copyright Act? or

2. Does the proposed use fit within the transmission performance and display exception (Section 110(2)) of the Copyright Act?

Of course, if you are the copyright holder of the work or the work is in the public domain, you may use the work freely.