Miscellaneous Exceptions (Copyright Act): Definition and Key Provisions

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What Are Miscellaneous Exceptions Under Title IV?

Title IV of the U.S. Copyright Act (17 U.S.C. §§ 110–122) outlines a group of statutory exceptions that allow certain uses of copyrighted material without the need for licensing or permission. These “miscellaneous exceptions” are designed to serve public interests such as education, accessibility, preservation, and religious expression.

Each provision in Title IV targets a specific use case, setting strict criteria for eligibility. These exceptions do not eliminate copyright, but they permit limited, lawful use when certain conditions are met.

Key Miscellaneous Exceptions Under Title IV

Title IV of the U.S. Copyright Act includes special exemptions that support education, preservation, access for the blind, and lawful use in digital and physical spaces. These exceptions help ensure copyright law doesn’t block essential public services.

§ 110 – Performances and Displays (Educational, Religious, and Public Use)

Classroom Teaching: Teachers at nonprofit schools may show films or play music during face-to-face classes without needing a license. This only applies to in-person instruction in physical classrooms.

Religious Services: Religious services held in churches and similar venues may include musical or other performances without paying royalties.

Distance Education (TEACH Act, § 110(2)): Under the TEACH Act, accredited institutions can share small portions of copyrighted works for online classes, but they must use technology to block unauthorized downloads or sharing.

§ 108 – Library and Archival Copying

Libraries may reproduce up to three copies of a work to preserve fragile materials or outdated formats. If a book or media item is lost or damaged and cannot be replaced for a fair price, a copy may be made.

Libraries may also allow in-library research access to the copy, as long as it remains within controlled systems.

§ 112 – Ephemeral Recordings

Radio and TV stations may temporarily record performances of works they’re authorized to use. These recordings can only be used for transmission and must be deleted or archived following legal timelines.

§ 114 – Sound Recording Performance Rights

This section limits the scope of rights for sound recordings:

Analog Radio: AM/FM radio stations do not need a license to play sound recordings, which is why traditional broadcasts don’t pay performance royalties.

Digital Streaming: However, digital streaming services must obtain a license to stream music, often through organizations like SoundExchange.

§ 117 – Software Maintenance and Repair

If someone owns software legally, they may make a backup copy or modify the code to keep it working. This is allowed only when it’s essential to operate the software or to store it for future use, and the copy cannot be shared with others.

§ 120 – Architectural Works

Once a building is constructed, anyone may photograph or display it publicly. Copyright doesn’t prevent news outlets, artists, or the public from capturing and using images of visible architecture.

§ 121 – Accessibility for the Blind (Chafee Amendment)

Nonprofit organizations may reproduce copyrighted materials in formats like braille or audio for users with visual or print disabilities. This makes books and other works more accessible without needing permission from the copyright holder.

Limitations of Miscellaneous Copyright Exceptions in Digital Contexts

Statutory exceptions under Title IV offer clarity, but evolving technology and creative practices have exposed several limitations and points of tension.

Digital Learning and § 110(2) Many educators report that its requirements – such as using secure access platforms and technological safeguards – are too rigid or hard to implement with standard school tools. As a result, some teachers must either avoid digital materials altogether or rely on less secure methods that risk noncompliance.

Religious and Educational Use While § 110 protects uses in religious services and nonprofit education, disputes still arise. Rights-holders sometimes object when full-length performances or commercial-grade recordings are used without payment. This is especially common in cases involving music publishers, who argue that unlicensed religious uses of sheet music and digital tracks undercut their licensing revenues.

Intersection with Fair Use Although many of these activities might qualify under fair use, Title IV exemptions offer a clearer legal footing. Courts occasionally consider both frameworks, but each has distinct rules and scope.

How to Use These Exceptions Legally

To rely on Title IV provisions without violating copyright, institutions must follow specific legal requirements tied to each exception.

Before using an exemption, the institution should confirm that it qualifies under the law, such as having nonprofit status or accreditation. Many provisions also require that access be limited, either to a classroom, campus network, or a controlled group of users. For example, Section 108 requires libraries to verify that a commercially available replacement isn’t reasonably obtainable before creating a copy.

When distributing accessible materials under Section 121, only authorized providers can legally produce and share content in braille, audio, or other specialized formats. Additionally, it’s important to keep documentation, such as proof of eligibility or market unavailability, especially when relying on Sections 108 or 112.

Following these steps not only ensures compliance but also strengthens the institution’s legal defense if a copyright claim arises.

Comparison of Miscellaneous Exceptions by Section and Purpose

Future Considerations

As classrooms and libraries increasingly rely on digital platforms, many Title IV provisions struggle to keep pace with real-world use. Educators and institutions often find that sections like § 110 and § 108, written for analog environments, do not fully support streaming, cloud storage, or digital lending. This gap has led to ongoing calls for reform to better reflect the way educational content is shared today.

Controlled Digital Lending (CDL) has become a key point of debate. Libraries use CDL to lend scanned copies of print books under one-to-one ownership rules. While they argue it mirrors physical lending and aligns with fair use or § 108, publishers often challenge the practice, claiming it bypasses their licensing systems.

Internationally, the U.S. provides broader exceptions than many countries. In the European Union, for instance, preservation and education exemptions exist, but they are narrower in scope and more frequently tied to mandatory licensing agreements.

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