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.”
https://www.ipwatchdog.com/2020/04/02/emergency-distance-learning-fair-use/id=120328/
