Third, reception must be in a classroom or other place similarly devoted to instruction, although disabled persons may receive the transmission anywhere if their condition prevents attendance at a regular classroom. Fourth, the performance must be directly related and of material assistance to the teaching content of the transmission. Each of these four conditions causes difficulty for modern distance learning. The restriction on the types of works that may be performed is particularly difficult. Yet, this is exactly what the Act requires.
Many schools currently seek permission and pay fees to use videotapes for distance learning.
Some schools simply black out the time for distance learners when a tape is being shown to students in the classroom. Others probably ignore the law. The argument made by copyright holders is that absent distance learning courses, they would have sold individual copies of their works to the receiving sites. Today most distance learning courses are received in a classroom which meets the requirements of the statute. Further, there are educators who believe that there should be a teacher at the receiving site to direct class discussion, etc.