[Web4lib] copyright declarations

James Capobianco James_Capobianco at emerson.edu
Fri Dec 16 16:03:36 EST 2005


 
John,

No, luckily in the copyright law, there is a provision for just such a circumstance:
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§ 110. Limitations on exclusive rights: Exemption of certain performances and displays

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

(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;
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So, a teacher can play the whole of a movie, or a song; read any literature they want, and perform parts or the whole of plays, without permission. It's usually called the "Face-to-face Teaching Exemption."

It's usually called "Face-to-face" because the provisions for teaching at a distance over networks is slightly different and more restrictive.

James

-----Original Message-----
From: web4lib-bounces at webjunction.org [mailto:web4lib-bounces at webjunction.org] On Behalf Of John Eye
Sent: Friday, December 16, 2005 3:05 PM
To: Web4lib at webjunction.org
Subject: Re: [Web4lib] copyright declarations

I've always wondered about the public performance of literary works. 
Does that mean a teacher needs public performance rights to read a book to the class for entertainment or a reward?

John Eye


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