Educational and other performances and display

• Author: Robert A. Gorman
• Profession: University of Virginia School of Law
• Pages: 89

Section 110 exempts a variety of public performances and displays, typically in the context of educational and other nonprofit uses. Sectio110(1) exempts face-to-face classroom performances of copyrighteworks (even dramatic works) for teaching purposes in a nonprofit educational institution. Section 110(2) exempts transmissions (typicallthrough television devices) of nondramatic literary and musical works oart works in the course of systematic classroom-type instruction by governmental body or nonprofit educational institution. Section 110(3) exempts certain uses of copyrighted works in the course of religious services.

Section 110(4) is a particularly significant provision; it largely revivethe approach of the 1909 Act toward nonprofit performances of musiand other nondramatic works. The subsection is elaborate, but its basithrust is to exempt live performanc':s of such works when there is ncommercial purpose and when the performers are not being paid anwhen there is no admission charge (or when the admission proceeds "arused exclusively for educational, religious, or charitable purposes annot for private financial gain, except where the copyright owner haserved notice of objection to the performance" under certain circumstances stipulated in the subsection). It is this exemption that protectperformances of music and readings of literature in school assemblprograms, in amateur performances in public parks, and at school literary and athletic events. The exemption does not apply to performanceon college radio stations, for these are "transmissions" that are expresslexcluded from the section 110(4) exemption. Nor does this particular exemption apply to nonprofit performances of copyrighted dramatic literaror musical works.

Section 110(5) shelters the "communication of a transmission" from radio or television set "of a kind commonly used in private homes." Absent this exemption, it would be an infringing public performance for doctor, barber, or bartender to have copyrighted music or dramatic programming emanating from a radio or television set placed in a waitinroom, shop or tavern. The exemption is lost, however, if a direct chargis made to see or hear the transmission...