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-----Original Message-----
>Distance Learning
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>(1) The existing Copyright Act already recognizes the need for an exemption
>permission of the copyright owner. However, it does not allow the educator
>to make copies of the copyrighted work. Arguably, this provides a balance
>Typically, the educator's use should have minimal effect on the market
>or displaying the work in class. The owner still has the right to recover
>
>they are transmitted from a remote site via a computer network. (See
>section 110(1) discussed above. Section 110(2), like section 110(1) above,
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>this approach the existing exemption in sections 110(1) & (2), above, could
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>educator could use under a distance learning exemption are difficult to set
>in the abstract. One approach would be to develop a flexible approach such
>as that utilized in a "fair use" analysis under section 107 of the
>Copyright Act. Under a fair use analysis the amount of a copyrighted work
>use" and therefore excluded from being copyright infringement. The primary
>the impact of the use on the economic market for the copyrighted work. If
>regard to how much of a copyrighted work she can safely use. Another
>were previously developed with regard to "fair use" of copyrighted work for
>learning guidelines are developed with the input of copyright owners and
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>exemption.
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>course; and (b) limit the ability of those enrolled in the course to
>addresses.
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>(7) If a license for a copyrighted work can not be reasonably obtained the
>in a distance learning context. Under this approach standard license terms
>and royalty rates would be set periodically by the Copyright Office. This
>approach has already been adopted for certain types of copyrighted works in
>other contexts.
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>institutions who employ the instructors is unclear. Under the U.S. Supreme
>an analysis of the employment relationship between the instructor and the
>special treatment.
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>***************************
>Andrew Beckerman-Rodau
>Professor of Law
>Voice: 419-772-2207
>Fax: 419-772-1875
>E-mail: arodau@onu.edu
>***************************
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