copyright
Does the exemption in 17 USC 110(1) apply to nonprofit educational institutions that are non-accredited?
<p>It is clear that the exemptions under 17 USC 110(2) apply only to nonprofit educational institutions that are accredited; the language is there on the face of the statute, and 110(11)(A) provides more detail. <strong>BUT</strong> 110(1) applies to &quot;nonprofit educational institutions&quot; without specifying an accreditation requirement.</p>
<p>What's the proper rule of interpretation here? Can non-accredited institutions take advantage of 110(1)? I could argue it both ways. Have courts or commentators interpreted 110(1) on this issue? What do the experts here think?</p>

<p>The structure and the language of <a href="https://www.law.cornell.edu/uscode/text/17/110" rel="nofollow noreferrer">17 U.S.C. §  110</a> (which provides certain non-profit exemptions to copyright infringement) makes clear that the requirement that a non-profit educational institution be accredited applies only to 17 U.S.C. § 110(2), a point that is underscored by the definition of an accredited institution found in 17 U.S.C. § 110(11).</p>
<p>The exemption of 17 U.S.C. § 110(1) applies to &quot;nonprofit educational institutions&quot; even if they are not accredited. I have no doubt whatsoever, that the legislative history and the case law would support that interpretation. It isn't a close call.</p>
