Gloria,
If you suggest "As most education can be entertaining or rewarding, most such performances would be exempt", then it seems there would be very few circumstances which schools would ever need to purchase public performance rights for videos they show to students. If a teacher shows a Disney film to students during recess to occupy their time (entertainment), I've always thought public performance rights would be needed.
I have looked through the exemptions in section 110, however, now I guess I'm a little foggy about how terms such as "face-to-face instruction" are interpreted. As for determining whether reading a book to class would be infringement, 110(4) looks like the exemption that fits the best except that I'm not sure about the clause "otherwise than in a transmission to the public."
110(4) reads: performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if--
John
>>> GCPHARES[_at_]pbwt.com 6/27/2005 11:15 AM >>>
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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