What Does the Section 110(2) Say?
Section 110(2) says it is not copyright infringement for teachers and students at an accredited, nonprofit educational institution to transmit performances and displays of copyrighted works as part of a course if certain conditions are met. If these conditions are not or cannot be met, use of the material will have to qualify as a fair use or permission from the copyright holder(s) must be obtained.
Section 110(2) was the result of lengthy conversations and negotiations between representatives of the various stakeholders in the copyright arena. The result was a compromise that no group is entirely happy with and, for many, it is too much trouble to implement. The list of requirements is lengthy and, over the years, most institutions have been unable or unwilling to implement them. Instead, use of third-party copyrighted works in online classes has largely relied on permission, fair use, or, most likely, used without a copyright evaluation, relying on access controls and attribution.