public performance clarification
- April 28, 2008 @ 12:19pmeye says:I understand the interpretation of 110(1) that says a copyrighted video (even from Blockbuster) can be used in the classroom as long as the use is part of face to face teaching. But doesn't this also apply to books? If so, is it illegal to read a story to your class as a reward or just for entertainment? When I look at 110(1), I don't see anything that differentiates a video from a book.
§ 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;
- April 28, 2008 @ 1:00pmJanetCroft says:I can't see any reason why you couldn't read a book to a class -- seems a pretty straightforward fair use, supported by decades and decades of teachers reading books aloud. Even if the book chosen is not directly related to the subject matter of the class (reading as reward or entertainment), a case could be made that the teacher is still teaching listening comprehension and etiquette, appreciation for the written word, oral delivery techniques, and so on. If you are concerned about something you want to read, it's not hard to sneak in a little teaching -- asking where you left off last time (memory skills), asking a student to read (public speaking), some casual questions about plot (literary analysis), etc.
- April 28, 2008 @ 2:55pmeye says:I guess I'm trying to figure out why books are usually considered differently than movies from Blockbuster when the law doesn't seem to differentiate one from the other. If a teacher wanted to show a Disney movie for entertainment/reward, wouldn't the same arguments of plot, comprehension, etc. also apply?
- April 28, 2008 @ 4:47pmksmith says:It is probably worth noting that the limiting language used in 110(1) -- "teaching activities" -- seems much broader than that used in 110(2), which refers to "an integral part" of "systematic mediated instructional activities."
- April 29, 2008 @ 1:42pmAFry says:
If so, is it illegal to read a story to your class as a reward or just for entertainment? When I look at 110(1), I don't see anything that differentiates a video from a book.110 is an exemption. It tells you what you can do (what is legal) not what you can't do (what is illegal). I don't see any distinction between books and videos in 110. I see 3 possibilities: 1. 110(1) legalizes both video showing and book reading for reward or entertainment. 2. 110(1) legalize neither situation, but another section legalizes book reading 3. no section legalizes either situation I'm leaning towards 1. I didn't at first, but I agree with ksmith that "teaching activities" in 110(1) seems quite broad.
I guess I'm trying to figure out why books are usually considered differently than movies from BlockbusterWho is doing the considering? Lawyers? Publishers? Elementary school teachers? I think there are a couple of factors. I just have time for one right now: The movie and music industry protect their copyrights very aggressively and publicly. They also target the general public. The book industry is probably just as aggressive, but not as public. As far as I know, they do not target the general public. This might create a public perception that movies and music are more protected than books.
- May 2, 2008 @ 5:54amRuthDukelow says:Section 110 does distinguish between showing a movie/DVD/video and reading a book out loud. Showing a movie/DVD/video, or performing a play, opera, musical, or skit, all fall under "dramatic performances" under section 110. Reading a book out loud falls under "nondramatic performances" under section 110.
Section 110(1) provides an exception for both dramatic and nondramatic performances that meet section 110(1)'s requirements for face-to-face teaching. Section 110(4) provides further exceptions for nondramatic performances - for example, reading a book out loud in a public library story hour is permitted under section 110(4). If a teacher reads a book out loud in a classroom for entertainment purposes only, I believe this would be permitted under section 110(4) even if it doesn't meet the criteria of section 110(1).
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