Re: distance learning question

From: Laura N. Gasaway <unclng[_at_]email.unc.edu>
Date: Thu, 31 Oct 1996 08:38:44 -0800 (PST)

     Section 110(2) of the Copyright Act permits the display of a work in the course of transmission of distance learning if certain conditions are met:

1. Nonprofit educational institution,
2. The transmission of the display is part of systematic instruction,
3. Reception is in a classroom or other place normally devoted to instruction.

     The display itself is not considered a reproduction or distribution under the Act. However, having made copies of the photographs from books to create the slides is reproduction. If the slides were purchased, however, there is no difficulty with using them for distance learning under the current law.

     Under Confu guidelines for distance learning dealing with performances and displays are being developed and are virtually complete. They tend to be posted on various web sites including the one maintained by Georgia Harper at the University of Texas.

Lolly
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Laura N. Gasaway			phone:  919-962-1049
Director of the Law Library &		fax:    919-962-1193
   Professor of Law			email:	laura_gasaway[_at_]unc.edu

Law Library, CB # 3385
University of North Carolina
Chapel Hill, NC 27599

On Wed, 30 Oct 1996, Susan M. Zvacek wrote:
>
> I'm trying to figure out if we're covered by Fair Use at my
> university ...
>
> A faculty member who will be teaching an art history class would
> like to display slides of paintings -- not an unusual teaching
> strategy -- and has many trays of slides to last the semester.
>
> Question: When we transmit this class out by digital satellite
> signal (receivable at our 20+ classroom sites around the state, but
> not considered an open broadcast) do we need to get some kind of
> permission from (someone?)? These slides are of paintings that have
> been reproduced in books all over the world, there would not be any
> threat to a commercial market, they would be used strictly in a
> classroom teaching situation. BUT, does this consitute a
> "distribution" or "reproduction" in the eyes of the law?
>
> Help!
>
> Some days it just isn't worth chewing through the restraints ...
>
> ************
> Susan M. Zvacek, Ph.D.
> Director, Center for Learning Technologies
> Old Dominion University, Norfolk, VA 23529
> 804/683-6106 (voice) 804/683-5176 (fax)
> ************
>
> <szvacek[_at_]dolphin.ats.odu.edu>
Received on Thu Oct 31 1996 - 15:47:42 GMT