DISTANCE LEARNING
At time of 1976 Copyright Act revision, state-of-the-art distance learning was via
television. Copyright Law application to today's distance learning technology is sketchy
at best.
Section 110 (1) and (2) of
the 1976 Copyright Act covers distance learning and allows:
- (1) 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, unless, in the case of a motion picture or other
audiovisual work, the performance, or the display of individual images, is given by means
of a copy that was not lawfully made under this title, and that the person responsible for
the performance knew or had reason to believe was not lawfully made;
- (2) performance of a nondramatic literary or musical work or display of a work, by or in
the course of a transmission, if -
- (A) the performance or display is a regular part of the systematic instructional
activities of a governmental body or a nonprofit educational institution; and
- (B) the performance or 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
similar places normally devoted to instruction, or
- (iii) reception by officers or employees of governmental bodies as a part of their
official duties or employment;
Key phrases limiting distance learning usage include:
- face-to-face teaching
- in a classroom or similar place devoted to instruction
- nondramatic literary or musical work (dramatic works are not allowed)
The AAUP web site has a pretty good
summary of this section as it related to distance learning.
Since the four factors that must be considered for Fair Use do not include the method
of distribution, one could argue that whether a work is being redistributed via
photocopies passed out in class or via an electronic copy across the internet is
immaterial to the argument. Instead, the Fair Use test is based upon the existing
four tenants--purpose, nature, amount, and effect.