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Pollak Library

Copyright: Exceptions

A guide on copyright for CSUF Faculty, Staff, and Students

Copyright Exceptions

In addition to granting the bundle of rights, the copyright statute creates exceptions to those rights that are not a violation of copyright when they are exercised.

  • First Sale (Section 109)
  • Public Displays and Performances (Section 110)
  • Distance Education (Section 110[2])
  • Reproduction for the Blind or Disabled (Section 112)
  • Libraries and Archives (Section 108)
  • Computer Software (Section 117)
  • Architectural Works (Section 120)

First Sale (Section 109)

The owner of a particular, legally acquired copy is entitled to sell, rent, lease, loan, display, distribute or otherwise dispose of that particular copy.  This exception does not include the right to copy or enable the public display of motion pictures.  It limits the copyright holder's compensation to the first sale with no further entitlement to subsequent sales or distributions of the same copy.  The owner of the particular copy does not own the intellectual property embedded in the copy.  Without this exception, there would be no movie rentals, checkouts from the library, or interlibrary lending.

Public Displays and Performances (Section 110)

For films, there is no exception for public performances outside of face-to-face teaching or distance education situations.  Unless a good argument can be made for fair use (Section 107), permission will have to be requested from the copyright holder, or a public performance licensing agent like Swank.

For musical works, the composition and the individual performance are recognized as separate copyrights.  As a result, any performance generally has two copyright holders.  Like films, there is no exception for public performances of music outside of face-to-face teaching or distance education situations. Unless a good argument can be made for fair use (Section 107), public performance rights must be obtained from ASCAPBMI, or SESAC.

Computer Software (Section 117)

This exception allow you to modify the software you've purchased to run on your computer system. It also allows you to make a back up copy.

Architectural Works (Section 120)

This exception allows the public to take pictures of buildings or skylines and to do drawings or other graphical depictions.

Face-to-Face Teaching (Section 110[1])

The copyright holder's exclusive right to display does not extend to face-to-face teaching situations.  As an exception, the law recognizes the classroom as a space for the display of anything that was legally acquired including music and movies in their entirety.  This is not, however, a right to copy and doesn't apply to online classes.

Distance Education (Section 110[2])

This exception, also known as the "Teach Act," allows "reasonable and limited" portions of films to be streamed online and viewed by students in an educational context.  (There is no consensus as to what "reasonable and limited" actually means).  There are three requirements:

  1. The network must be secure, limiting access solely to the students officially enrolled in the class and only for the duration of the course.
  2. The material must be under the supervision of an instructor shown in the typical routine of class sessions.
  3. The institution administering the course must provide copyright policies, guidance, and educational programs to the campus community.

As an exception to the exclusive rights of the the copyright holder, the Teach Act does not extend to the streaming of works that are made and marketed to be streamed.  It cannot be used as a replacement for educational streaming materials and services.

Reproduction for the Disabled (Section 112)

This exception allows nonprofit organizations or governmental agencies that have a primary educational mission to adapt and reproduce materials into accessible formats to serve the needs of blind or other persons with disabilities.