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NFHS and NAfME - Copyright Guidance for Distance Learning

By NFHS and NAfME on September 10, 2020 music directors & adjudicators article Print


Copyright Considerations for Music Educators During Distance Learning

The Copyright Act of 1976 adopted language acknowledging that certain education exemptions are warranted to allow certain uses of copyrighted material in a classroom setting.

The basic exemption for distance education was originally enacted as part of the Copyright Act of 1976 to permit performances and displays of copyrighted works for distance education instruction without a need to obtain a license or rely on fair use. As it relates to educational exemptions in copyright law, the terms “performances and displays” refer to actions taken in the physical or virtual classroom. These terms do not refer to public performances of works protected by copyright and requiring permission of the copyright holder.

Understanding the need to update distance learning exemptions in a digital world, Congress passed, and the President enacted, the Technology, Education, and Copyright Harmonization (TEACH) Act of 2002.

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