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Read These Must Know Exemptions of Certain Performances

Exemptions Of Certain Performances

There are 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.

The audience 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.

Those 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.

Performances

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 purposes.



Public Viewing

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.

Food and 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.

NEXT: Uncover the Facts of Reproduction by Libraries and Archives

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