Response to John Eye's June 24, 2005 post

From: Phares, Gloria C. (x2686) <GCPHARES[_at_]pbwt.com>
Date: Mon, 27 Jun 2005 13:15:15 -0400

I read this list in the digest form so this may already have been addressed. I'm responding to John Eye's (eye[_at_]suu.edu) June 24, 2005 comment
(following):

"Hello, Is reading a copyrighted book to the class (for entertainment or reward) a violation of copyright law? Wouldn't this be a public performance for which permission would have to be obtained? To me, this seems to be an example of the over-reaching control of copyright. John Eye"

Yes, it is a public performance (unless the teacher is home-schooling his/her own children), but before Mr. Eye expresses his ire about what is permissible under the Copyright Act, he should consult the exceptions from the public performance and display rights listed in Section 110 (17 U.S.C. 110(1)). The very first exception is "performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction . . . ." If the work is a motion picture or other audiovisual work, there is no exemption if the copy used is not lawfully made under the Act and the person performing it knew it or had reason to know it. The next exception deals with distance education. And there are several more pages of exceptions -- everything from performances of a religious nature to those by nonprofit agricultural and horticultural organizations. As most education can be entertaining or rewarding, most such performances would be exempt.

Gloria C. Phares
Patterson, Belknap, Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036
(212) 336-2686
(212) 336-2222 (fax)

gcphares[_at_]pbwt.com
www.pbwt.com

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Received on Mon Jun 27 2005 - 21:15:15 GMT