specific exemptions to copyright law to curtail performance. Before a copyright exemption can be enforced, a copy of a
performance, whether on tape or phonorecord, must be obtained legally. Original
work that is displayed in a classroom setting for purposes of education is not copyright infringement
should be limited to an instructor and students. The creator of the work must
not have any suspicion that the copy of a performance was not obtained by
illegal means. The displaying of copyrighted material in a classroom setting
must not be a means of financial gain.
Classrooms and other Settings
Any work that is made specifically for
instructional use in a classroom or governmental body and is acquired
unlawfully is not subject to a copyright exemption. If the content is acquired
legally, the amount shown should be similar to the amount of other works put on
display during the session. The instructional work should be relevant to the
studies of the class or governmental body. The displaying of the content must
not be for a profitable gain.
viewing the copyrighted material in a classroom or governmental body must be
students or employees of a governmental body. Those putting the work on display
must provide information to the audience that the soon to be viewed material is
protected by copyright. Any further dissemination of the work, such as
transmitting the work digitally to a public person, is not a copyright
exemption and is in violation of the law. Original work of a religious nature
that is displayed in a place of worship is subject to copyright exemption as
long as viewing is limited to that place of worship.
Any performance of a literary or musical work that
is not transmitted to the public and is put on display for no charge or
financial gain is permissible. If a charge is applied, the profit must not
benefit the producers, promoters, organizers, or performers of the work. Any
and all financial gain must be used for educational, religious, or charitable
The display of copyrighted material in a home is
allowed under copyright exemptions only if there is no charge to view the
display and the display is not transmitted to the public. Any establishment
other than a food or drinking establishment that plans on transmitting
copyrighted material to the public must have no more than 2,000 gross square
feet available not including parking, kitchen, employee only sections, etc.
In the case
of audio material, there may be no more than six total loudspeakers displaying
the audio and no more than four speakers per room. Audiovisual performances
cannot be displayed on more than four screens and there may not be more than
one screen per room. The screen size is not to exceed 55 inches.
drinking establishments must adhere to the same rules except the area available
to the public for viewing may not exceed 3,750 gross square feet. The work put
on display must not be the cause for charge on the day or night the copyrighted
work is being displayed. The displaying of the work must not extend beyond the
conclusion of the work.