Online Learning Update

April 14, 2020

Emergency Distance Learning and Fair Use

Filed under: Online Learning News — Ray Schroeder @ 12:02 am

Heidi Tandy, IP Watch

While educators revised policies, two decisions were published; each has the potential to broaden how copyright-protected works can be used in virtual classrooms. On March 24, 2020, the Ninth Circuit said in Tresona Multimedia, LLC v Burbank High School Vocal Music Association that “the defense of Fair Use, if applicable, should cover ‘teaching’ whether in a private or public setting.” The same week, the Supreme Court ruled in Allen et al. v. Cooper, Governor of North Carolina, et al., 589 U.S. ___ (2020) that a state could not be sued for copyright infringement by a company that held copyrights in photographs. Justice Kagan wrote for the unanimous court that “Article 1’s Intellectual Protection Clause could not provide the basis for an abrogation of sovereign immunity.”

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