Re: Really simple copyright question...

[Kevin L Smith <kevin.l.smith@xxxxxxxx>]

I think your reading of 110(1) and this situation is correct.  Subsection 
(1) merely says face-to-face teaching activities in a classroom or similar 
place devoted to instruction.  I know some institutions import this rule 
about credit-bearing courses into their policies, but it seems unwarranted 
to me.  If you compare subsection (1) with subsection (2) in section 110, 
the more stringent requirements in the latter should make clear that 
Congress understood the leeway available in 110(1) and wanted to make 
110(2) less flexible.

Of course, "teaching activities" does impose a limitation on public 
performances on campus, but its precise definition will necessarily differ 
some on different campuses.

Kevin L. Smith, J.D.
Scholarly Communications Officer
Perkins Library, Duke University
PO Box 90193
Durham, NC  27708
919-668-4451
kevin.l.smith@xxxxxxxx
http://library.duke.edu/blogs/scholcomm/



"Ryan.R.Worrell@xxxxxxxxx" <ryanrworrell@xxxxxxxxx> 
08/19/2009 05:32 PM

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Really simple copyright question...






So, I am sure this is a simple copyright question, but I am getting a
little pushback and thought I would pose it to the group to see if I
am missing anything.

Professor at a non profit religious university would like to be able
to have a "bible study" type series of events at the school (for
students) wherein a film is played and then discussed from a religious
perspective.  So, for example, the professor would play the Matrix and
then discusses the parallels with Christianity.  It is a small school,
so they asked outside counsel to consider whether this would be OK.
The attorney said no (but I do not have that attorney's explanation).
Professor came to me for a second opinion.

I think this clearly falls into section 110(1) protection.  Am I
missing something?  I guess that there could be an argument that since
these studies are not be part of a "credit granting" class, it may not
qualify for 110(1) protection, but I do not read such a requirement
into the statute.  The studies will take place on campus, in a
classroom, with students and a tenured professor.  There could be an
argument that playing the entire film is too consumptive, but this
wouldn't be a Fair Use case...it is a statutory defense.

So, am I missing something?

Ryan Worrell