Section 110 (1) contains exemptions for the performance and display rights essential to nonprofit, educational “physical” classroom settings. Section 110 (2) contains the exemptions for digital transmission of performances and displays of certain works in accredited, nonprofit online and distance education settings.
The following chart is a brief summary of the comparison between Sections 110 (1) and (2)
| SECTIONS OF COPYRIGHT LAW, U.S. CODE 17 | ||
| Face-to-Face: 110 (1) | Course Transmission: 110 (2) | |
| Eligibility | Nonprofit, Educational | Accredited, Nonprofit, Educational, Governmental |
| Activity | Face-to-face teaching | Digital transmission controlled by, or under the actual supervision of the instructor; |
| Works Covered | All works | Nondramatic literary & musical works and limited portions of other works; display of all works |
| Limitations | Lawfully obtained copy; purpose is instructional not entertainment | Lawfully obtained copy; available to students no longer than class session; made by or under supervision of the instructor; display of work in an amount comparable to typical classroom setting. |
| Where | Classroom or similar place devoted to instruction | An integral part of a transmitted class session; part of systematic mediated instructional activity; directly related to the teaching content |
| Who | Students and teachers | Students and teachers |