The boundaries of educational use

     Regarding the conversation on the legality of distrbuting digitized images over a computer network as part of educational activities, I don't know if anyone has yet mentioned section 110(2) of the Copyright statute. It provides as follows:

     Notwithstanding the provisions of section 106, the following are not infringements of copyright: . . .

     (2) . . . display of a work, by or in the course of a transmission, if --


          (A)  the . . .  display is a regular part of the systematic 

          instructional activities of a . .  nonprofit educational 
          institution; and 


          (B)  the . . . display is directly related and of material 

          assistance to the teaching content of the transmission; and


          (C)  the transmission is made primarily for -- (i) reception in 

          classrooms or similar places normally devoted to instruction, or 
            (ii) reception by persons to whom the transmission is directed 
            because their disabilities or other special circumstances 
            prevent their attendance in classrooms or simlar places 
            normally devoted to instruction, or (iii) reception by officers 
            or employees of governmental bodies as a part of their official 
            duties of employment

The House Report on this section of the bill indicates that provision is meant to cover "what are known as 'in-school' broadcasts, whether open- or closed-circuit."

     While computer networks of the type mentioned in the initial inquiry of this thread were unknown at the time of the drafting of the current statute, I would tend to think that this provision would cover the activities described. That means that one need not rely on the face-to-face teaching exception nor the fair use defense.

     Hope this sheds a little further light on the subject.

                           PROF. ROGER E. SCHECHTER
                         George Washington University
                             Voice: 202-994-3702
                              Fax: 202-994-9446
                   Internet:  rschechter[_at_]main.nlc.gwu.edu
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