[Web4lib] copyright declarations

[John Eye]

The way I've usually seen 110 interpreted is that "face-to-face" does not include showing a video for reward or entertainment (eg. end of the year popcorn party).   So many school districts purchase public performance rights from third party companies so they can show copyrighted videos at school functions that aren't considered "face-to-face" teaching.  I've never been able to find anything in the law to differentiate a book and a video used in a public performance.

I know it is unlikely a copyright holder will ever file suit because a teacher is reading a story to his/her class for entertainment or a reward.  But if it's illegal to show a video, isn't it the same for a book?

John

>>> "James Capobianco" <James_Capobianco at emerson.edu> 12/16/2005 2:03 pm >>>

John,

No, luckily in the copyright law, there is a provision for just such a circumstance:
-----------
§ 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;
-----------

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
_______________________________________________
Web4lib mailing list
Web4lib at webjunction.org 
http://lists.webjunction.org/web4lib/