Current law generally restricts transmissions of protected works to students who are located in classrooms or other similar locations. Even then, those copyrighted works may not include audiovisual works and dramatic literary and musical works. Moreover, the disallowance of whole categories of works forces illogical barriers on the advancement of learning. In October 1998, Congress charged the Copyright Office with the duty of examining the issues and making recommendations. The result is an ambitious study that surveys problems with existing law, identifies the underlying policies for striking a balance between protecting the rights of copyright owners, and articulates promising solutions that would allow educators to use works under limited circumstances.
Digital transmissions involve the making of incidental copies to make the transmission possible.
The Copyright Office proposes that transient copies be regarded simply as part of the automatic technical process of a transmission. Allow displays and performances in the context of mediated instruction. The Copyright Office expressed concerns with electronic reserves or other arrangements whereby entire works are made available to students, potentially displacing sales. To facilitate uses for educational purposes, however, the report recommends that works be used in a context where the instructor is illustrating a point or where the use is an integral part of a course structure. Expand the scope of allowed materials.