This exception is used extensively by instructors (most often without instructors realizing they are using this exception). It provides an exception to the rights to publicly display or perform works, such as the showing of films and images, or the performance of plays, readings of poems, etc. in the classroom. Section 110 (1) of the copyright law is summarized below:
Notwithstanding the provisions of Section 106, the classroom exception:
This exception does not apply to the recording of classroom activities. When classroom activities are recorded, another set of considerations arise, including:
This exception does not apply to reserve readings -- by their nature, reserve readings are intended to be read outside the classroom. The use of reserve readings falls under fair use.
The Technology Education And Copyright Harmonization (TEACH) Act (Section 110(2)), was adopted by Congress in November 2002, as an amendment of the previous section 110(2) with the intent to deal with distance instruction activities in the digital age. The TEACH Act is very limited in scope, with a number of institutional and instructional requirements that must be met. Use the Educational Exemptions tool from the American Library Association to provide guidance to this copyright exemption.
The TEACH Act excludes:
Louisiana State University provides both a basic and expanded checklist from their TEACH Act Toolkit that provide excellent guidance in deciding whether the TEACH Act exception applies for works used in an online instruction environment.
As with the classroom exception, the TEACH Act does not apply to electronic reserves -- by their nature, reserve readings are intended to be read outside the classroom. The use of reserve readings falls under fair use.
Section 108 of the US copyright law provides some exceptions for libraries and archives. If a library/archive can't apply Section 108, fair use may still apply. Also any contractual agreements the library/archive has will take precedence over the application of Section 108. For a quick overview, take a look at the Section 108 Spinner available from the American Library Association
Section 108 applies to both the library/archive and the employees and specifies the following requirements:
There is no mention of museums in Section 108, therefore, one can assume that this exception does not apply to museums. However, if the museum has a library or an archive that is open to the public or specialized researchers, this exception could be used by the museum library or archive. In addition, fair use may be applicable. In 2008 a Section 108 Study Group recommended (among other things) that museums be included, but thus far, Congress has not acted on any of the recommendations from this Study.
In general, the library/archive exception applies to:
The above information provides an broad overview of how the library and archive exception applies, but -- in fact -- this is a complex section of the copyright law. Chapter 6, "The Libraries and Archives Exemptions" from Peter Hirtle's, et. al. book, Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums, provides a good breakdown of Section 108 and also provides a flowchart (page 117), a table of when works can be digitized (page 125), and a checklist (page 127-128) -- each of which can help guide library personnel in the use of the library and archives exceptions.
In the end -- if there is no exemption from Section 108 that applies, nothing in Section 108 prohibits the use of a fair use analysis.