[dvd-discuss] Teach ACT OF2001 -NOTHING to do with Teaching but DMCA Tothe Classroom

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

Sorry to double post but 

ftp://ftp.loc.gov/pub/thomas/cp107/sr031.txt 


The digital transmission of works to students poses greater risks to 
   copyright owners than transmissions through analog broadcasts. Digital 
   technologies make possible the creation of multiple copies, and their 
   rapid and widespread dissemination around the world. Accordingly, the 
   TEACH Act includes several safeguards not currently present in section 
   110(2). 
      First, a transmitting body or institution seeking to invoke the 
   exemption is required to institute policies regarding copyright and to 
   provide information to faculty, students and relevant staff members 
that
   accurately describe and promote compliance with copyright law. Further, 

   the transmitting organization must provide notice to recipients that 
   materials used in connection with the course may be subject to 
copyright
   protection. These requirements are intended to promote an environment 
of
   compliance with the law, inform recipients of their responsibilities 
   under copyright law, and decrease the likelihood of unintentional and 
   uninformed acts of infringement. 
      Second, in the case of a digital transmission, the transmitting body 

   or institution is required to apply technological measures to prevent 
   (i) retention of the work in accessible form by recipients to which it 
   sends the work for longer than the class session, and (ii) unauthorized 

   further dissemination of the work in accessible form by such 
recipients.
   Measures intended to limit access to authorized recipients of 
   transmissions from the transmitting body or institution are not 
   addressed in this subparagraph (2)(D). Rather, they are the subjects of 

   subparagraphs (2)(C). 
      The requirement that technological measures be applied to limit 
   retention for no longer than the ``class session'' refers back to the 
   requirement that the performance be made as an ``integral part of a 
   class session.'' The duration of a ``class session'' in asynchronous 
   distance education would generally be that period during which a 
student
   is logged on to the server of the institution or governmental body 
   making the display or performance, but is likely to vary with the needs 

   of the student and with the design of the particular course. It does 
not
   mean the duration of a particular course (i.e., a semester or term), 
but
   rather is intended to describe the equivalent of an actual single 
   face-to-face mediated class session (although it may be asynchronous 
and
   one student may remain online or retain access to the performance or 
   display for longer than another student as needed to complete the class 

   session). Although flexibility is necessary to accomplish the 
   pedagogical goals of distance education, the Committee expects that a 
   common sense construction will be applied so that a copy or phonorecord 

   displayed or performed in the course of a distance education program 
   would not remain in the possession of the recipient in a way that could 

   substitute for acquisition or for uses other than use in the particular 

   class session. Conversely, the technological protection measure in 
   subparagraph (2)(D)(ii) refers only to retention of a copy or 
   phonorecord in the computer of the recipient of a transmission. The 
   material to be performed or displayed may, under the amendments made by 

   the Act to section 112 and with certain limitations set forth therein, 
   remain on the server of the institution or government body for the 
   duration of its use in one or more courses, and may be accessed by a 
   student each time the student logs on to participate in the particular 
   class session of the course in which the display or performance is 
made.
   The reference to ``accessible form'' recognizes that certain 
   technological protection measures that could be used to comply with 
   subparagraph (d)(D)(ii) do not cause the destruction or prevent the 
   making of a digital file; rather they work by encrypting the work and 
   limiting access to the keys and the period in which such file may be 
   accessed. On the other hand, an encrypted file would still be 
considered
   to be in ``accessible form'' if the body or institution provides the 
   recipient with a key for use beyond the class session. 
      Paragraph (2)(D)(ii) provides, as a condition of eligibility for the 

   exemption, that a transmitting body or institution apply technological 
   measures that reasonably prevent both retention of the work in 
   accessible form for longer than the class session and further 
   dissemination of the work. 




"Michael A Rolenz" <Michael.A.Rolenz@aero.org>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/30/02 01:13 PM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
        cc: 
        Subject:        [dvd-discuss] TECHNOLOGY, EDUCATION AND COPYRIGHT HARMONIZATION ACT OF2001


This caught my eye while looking for something else


ftp://ftp.loc.gov/pub/thomas/cp107/sr031.txt


1) In general.--Not later than 180 days after the date of enactment
   of this Act and after a period for public comment, the Undersecretary 
of
   Commerce for Intellectual Property, after consultation with the 
Register
   of Copyrights, shall submit to the Committees on the Judiciary of the 
   Senate and the House of Representatives a report describing 
   technological protection systems that have been implemented, are 
   available for implementation, or are proposed to be developed to 
protect
   digitized copyrighted works and prevent infringement, including 
   upgradeable and self-repairing systems, and systems that have been 
   developed, are being developed, or are proposed to be developed in 
   private voluntary industry-led entities through an open broad based 
   consensus process. The report submitted to the Committees shall not 
   include any recommendations, comparisons, or comparative assessments of 


   any commercially available products that may be mentioned in the 
report.
    (2)  Limitations.--The report under this subsection--