IP exemptions weaken protection
Mandel ’18 [Gregory N.; January; Dean & Peter J. Liacouras Professor of Law, Temple University; Minnesota Law Review, “Institutional Fracture in Intellectual Property Law: The Supreme Court Versus Congress,” 102:803]
The two copyright statutes that weakened protection did so in a narrow context: clarifying that particular educational uses of copyrighted material are exempt from copyright infringement liability. The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) establishes that copyright protection does not bar a publisher of instructional materials used in elementary or secondary schools from creating and distributing certain instructional materials specified by IDEA, as long as they are used within limitations established under IDEA.121 Similarly, the 21st Century Department of Justice Appropriations Authorization Act extended a copyright liability exemption for instructional broadcasting for the purpose of digital distance learning and distance education.122