COMPLYING WITH THE TEACH ACT: NEW CHALLENGES AND MORE OBLIGATIONS

摘要

The Copyright Act of the United States, Title 17 of the US Code, guarantees a number of rights to the owners of copyrights. These rights are defined in Section 106 of the Copyright Act as exclusive rights. Fortunately, these rights are not total rights. If these rights were in fact total, educators would have to go to copyright owners and beg and/or pay them for the use of their copyrighted materials in classrooms. Fortunately for educators, the Copyright Act provides exemptions for instructional use of copyrighted materials. The Copyright Act in effect slates, "Yes, copyright owners, you have these rights but others can use your copyrighted materials for socially beneficial and/or educational uses." These "yes, but" sections of the law begin with para 107, Fair Use, and end with para 122, Secondary Transmissions Carried by Satellite Carriers in Local Markets. Included, for example, in the "yes, but" sections are the library exemptions of para 108, the so-called first sale doctrine of para 109 as well as various passim religious and government exemptions.