RE: the boundaries of educational use

In Message Tue, 1 Mar 1994 12:59:00 -0500,   slides[_at_]ced.berkeley.edu (Maryly Snow) writes:
>
>It would be helpful it you would explain why this would
>not be permissible. What is the difference between showing
>a slide from a slide projector or a slide from a computer?
>They are both non-profit, educational uses, and I don't see
>how either one cuts into any market.

This isn't a matter of analogic reasoning or of some gneral idea of fairness. The issue here, apart from the Section 107 fair use question, is the precise exemption provided by Section 110 (1) and (2). 110(1) relates to performance or display in the course of "face to face teaching activities . . . in a classroom or similar place." 110(2) concerns display or a work or performance of a nondramatic literary work or musical work "in the course of a tramsmission, if" it is "a regular part of the systematic instructional activities of . . . a nonprofit educational institution . . ." and "is directly related and of material assistance to the teaching content of the transmission" and "the transmission is made primarily for reception in classrooms or similar places . . ."

The assumption of some general not-for-profit exemption or some special treatment for "educational" uses beyond the specific exemption or beyond the fairly well understood limits of fair use, is simply not consistent with the copyright scheme.

Sheldon W. Halpern
Professor of Law
The Ohio State University College of Law Received on Wed Mar 02 1994 - 04:27:49 GMT