Re: Fair use and access cablecasting

Casey,

   You make a good fair use argument and a court might support you. However, there is no general exemption for nonprofit institutions nor for educational purposes. The exemption for performances and displays is for nonprofit educational institutions, and there are limits to that. This is usually called the classroom exemption.

   Even instructional broadcasting is limited under sec. 110(2) to the performance of a nondramatic literary or musical work or display of a work. A government body or nonprofit educational institution can by the broadcaster but it must be related to the teaching content of the transmission and reception must be in a classroom or other place normally devoted to instruction.

   The situation you describe almost meets 110(2) except for the reception location.

   Even without meeting 110(2), a general fair use argument could be made. Just remember that fair use is a defense to copyright infringement, however.

   Lolly Gasaway, Director of the Law Library & Professor of Law, Univ. North Carolina Received on Mon Mar 21 1994 - 22:24:53 GMT