"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."
Are you implying that "a not lawfully made copy" not being an audiovisual work could be used legally ????
Calle Østergaard
>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 Tue Jun 28 2005 - 01:05:00 GMT
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